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HR 233 111th Congress House

Railroad Antitrust Enforcement Act of 2009

Official title: To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

Introduced: July 21, 2010 Introduced by: Baldwin, Tammy Democratic · Wisconsin See on congress.gov
Commerce Administrative remediesCivil actions and liabilityCompetition and antitrustContracts and agency
More subjectsShow fewer subjects
Federal Trade Commission (FTC)Jurisdiction and venueRailroadsSurface Transportation BoardTransportation costs
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 30, 2010
Placed on the Union Calendar, Calendar No. 399.
Nov 30, 2010
Committee on Transportation discharged.
Nov 30, 2010
Reported (Amended) by the Committee on Judiciary. H. Rept. 111-669, Part I.
Sep 16, 2009
Ordered to be Reported (Amended) by Voice Vote.
Sep 16, 2009
Committee Consideration and Mark-up Session Held.
Jul 30, 2009
Forwarded by Subcommittee to Full Committee by Voice Vote .
Jul 30, 2009
Subcommittee Consideration and Mark-up Session Held.
May 19, 2009
Subcommittee Hearings Held.
Feb 9, 2009
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Jan 7, 2009
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Jan 7, 2009
Referred to House Transportation and Infrastructure
Jan 7, 2009
Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, 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.
Jan 7, 2009
Referred to House Judiciary
Jan 7, 2009
Introduced in House
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 Latest action November 30, 2010

Placed on the Union Calendar, Calendar No. 399.

 Plain-English summary Congressional Research Service

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition.

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.

Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB.

Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.

 Related & companion bills 1
 Bill text 2 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 4
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APA
U.S. Congress. (2026). H.R. 233: Railroad Antitrust Enforcement Act of 2009. 111th Congress. Open America. https://openamerica.io/bill/111-HR-233/
MLA
"H.R. 233: Railroad Antitrust Enforcement Act of 2009." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-233/.
Bluebook (legal)
H.R. 233, 111th Cong. (2026), https://openamerica.io/bill/111-HR-233/.
Markdown link
[H.R. 233: Railroad Antitrust Enforcement Act of 2009](https://openamerica.io/bill/111-HR-233/)
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