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HR 1650 110th Congress House Commerce Antitrust law Civil actions and liability Damages Injunctions Law Limitation of actions Railroad freight operations Railroad mergers Railroad rates Transportation and Public Works

Railroad Antitrust Enforcement Act of 2008

Introduced: March 22, 2007 Introduced by: Baldwin, Tammy Democratic · Wisconsin See on congress.gov
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 Everywhere this bill has been 11 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 18, 2008
Placed on the Union Calendar, Calendar No. 556.
Sep 18, 2008
Committee on Energy and Commerce discharged.
Sep 18, 2008
Committee on Transportation discharged.
Sep 18, 2008
Reported (Amended) by the Committee on Judiciary. H. Rept. 110-860, Part I.
Apr 30, 2008
Ordered to be Reported (Amended) by Voice Vote.
Apr 30, 2008
Committee Consideration and Mark-up Session Held.
Feb 25, 2008
Hearing Held by the Task Force on Antitrust and Competition Policy.
Mar 23, 2007
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Mar 23, 2007
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Mar 22, 2007
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mar 22, 2007
Introduced in House
 Plain-English summary Congressional Research Service

Railroad Antitrust Enforcement Act of 2008 - (Sec. 2) Amends the Clayton Act (the Act) to make federal antitrust laws applicable to all common carriers subject to the Surface Transportation Board (STB), regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed.

(Sec. 3) Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings.

(Sec. 4) Authorizes the the Federal Trade Commission (FTC) to enforce certain provisions of the Act against STB-approved agreements or combinations, including those related to rates.

(Sec. 5) Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws.

(Sec. 6) 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.

(Sec. 7) Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition.

(Sec. 8) Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements.

Requires the STB when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record.

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.

(Sec. 9) Makes the date of enactment of this Act its effective date. Makes an exception for parties engaging prior to such enactment in conduct or actions previously exempted by STB approval (such parties to have 180 days to discontinue such conduct or action or otherwise become subject to the antitrust laws).

What's happening now September 18, 2008

Placed on the Union Calendar, Calendar No. 556.

 Committees of jurisdiction 5