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Bill111th CongressFiled Jan 6, 2009Commerce
S. 146

Railroad Antitrust Enforcement Act of 2009

Bill journey · stage 1 of 5

Just introduced

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Comm.
Floor
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Law

What it doesSummary reported to senate without amendment (Mar 18, 2009)

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB).

Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions.

Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.

Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.

Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed.

Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.

Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.

Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

What just happenedJun 1, 2009

Cloture motion on the motion to proceed withdrawn by unanimous consent in Senate. (consideration: CR S5908)

Who’s behind it

Sen. Kohl, Herb [D-WI](D-WI)Sponsor
13 cosponsors12 D2 R
Read on Congress.gov
13cosponsors1committees11actions2related bills5subjects
  1. Jun 1, 2009Floor

    Cloture motion on the motion to proceed withdrawn by unanimous consent in Senate. (consideration: CR S5908)

  2. May 21, 2009Floor

    Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S5887)

  3. May 21, 2009Floor

    Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S5887; text: CR S5887)

  4. May 21, 2009Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S5887)

  5. Mar 18, 2009Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 33.

  6. Mar 18, 2009Committee

    Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 111-9.

    Judiciary Committee
  7. Mar 18, 2009Committee14000

    Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 111-9.

    Judiciary Committee
  8. Mar 5, 2009Committee

    Committee on the Judiciary. Ordered to be reported favorably.

    Judiciary Committee
  9. Jan 6, 2009IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S130-131)

    Judiciary Committee
  10. Jan 6, 2009IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S129-130)

  11. Jan 6, 2009IntroReferral10000

    Introduced in Senate

Reported to Senate without amendmentMar 18, 200980

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB).

Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions.

Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.

Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.

Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed.

Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.

Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.

Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

Introduced in SenateJan 6, 200900

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB).

Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions.

Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.

Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.

Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed.

Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.

Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.

Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

Railroad Antitrust Enforcement Act of 2009 — Informed