1) Antitrust Legislation - Bill Description
- S.49 overrides anti-competitive rulings of the STB and direct the STB to adopt pro-competitive policies.
- S.49 ensures a workable rate challenge process for those rail customers without access to transportation competition.
- S.49 permits the Justice Department and the Federal Trade Commission to review mergers under antitrust law.
- S.49 allows state Attorneys General and other private parties to sue for treble damages and sue for court orders to halt anti-competitive conduct, both of which are not currently allowable under federal law.
Senate legislation: S. 49, the "Railroad Antitrust Enforcement Act of 2011"
*Introduced January 25, 2011
Legislative profile provided by the Library of Congress, including links to a bill summary and cosponsor list.
2) STB Legislation Senate legislation: S.158, the "Surface Transportation Board Reauthorization Act of 2011"
*Introduced January 25, 2011
Legislative profile provided by the Library of Congress, including links to a bill summary and cosponsor list.
- S.158 is a bipartisan compromise developed over ten months of negotiations between and among the Democratic and Republican leadership of the Senate Commerce, Science and Transportation Committee: Chairman John D. Rockefeller, IV (D-WV), Ranking Minority Member Kay Bailey Hutchison (R-TX), Surface Transportation Subcommittee Chairman Frank R. Lautenberg (D-NJ) and Ranking Minority Member of the Subcommittee, John Thune (R-SD).
- S.158 expands the membership of the Board from three to five; provides additional resources to the Board; clarifies the powers of the Board available to protect “captive” rail customers from the abuse of railroad market power; and overturns some regulatory rulings that prevent rail customers from gaining access to competing railroads.
- S.158 does NOT re-regulate the railroads and does NOT alter the basic judgments of Congress contained in the Staggers Rail Act of 1980. S. 2889 addresses the problems of “captive” rail customers by directing and empowering the Board to be more responsive to the concerns of captive rail customers and will allow more rail customers to escape “captivity” by gaining access to competing railroads.
Additional Bill Summaries and Resources:
Text of S.49, the Railroad Antitrust Enforcement Act of 2011
Text of S.158, the Surface Transportation Board Reauthorization Act of 2011
Text of the Senate Committee on Commerce, Science and Transportation’s “The Current Financial State of Class I Freight Rail Industry” Report
Summary of U.S. Department of Agriculture Study of Rural Transportation Issues
Text of S. 2889, the Surface Transportation Board Reauthorization Act of 2009
Text of S.146, the Railroad Antitrust Enforcement Act of 2009
Text of H.R. 233, the Railroad Antitrust Enforcement Act of 2009
Letter from Rep. Conyers and Rep. Baldwin to Speaker Pelosi Calling for Rail Reform in Stimulus Bill
Text of the Surface Transportation Board’s Study on Rail Competition in the U.S.
How Legislation Would Increase Rail Customer Access to Competition (pdf)
House Transportation and Infrastructure Committee Majority Staff Statement on H.R. 2125 Hearing, September 25, 2007 (pdf)
Summary of the Railroad Antitrust Enforcement Act of 2007 - S.772 (pdf)
Summary of the Railroad Competition and Service Improvement Act of 2007 - H.R. 2125 (pdf)
Letter from Chairman Oberstar (D-MN), on the introduction of H.R. 2125 (pdf)
Overview of the H.R. 2125 the Railroad Competition and Service Improvement Act (pdf)
Opening Statement from Chairman Oberstar (D-MN) at the “Rail Competition and Service” hearing, September 25, 2007 (pdf)
Senator Dorgan Pushes for Captive Shipper Protections at House Transportation and Infrastructure Committee Hearing, September 25, 2007 (pdf)
