US Congress Senate Bill 49 (Prior Session Legislation)

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July 18 2011 - By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-38.
Text: Latest bill text (Introduced) [PDF]

Railroad Antitrust Enforcement Act of 2011 - 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 2011

Sen Kohl, Herb	Sen Franken, Al	Sen Hatch, Orrin G.	Sen Klobuchar, Amy
Sen Leahy, Patrick J.	Sen Schumer, Charles E.	Sen Tester, Jon	Sen Vitter, David

Date	Chamber	Action
2011-07-18	Senate	By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-38.
2011-03-28	Senate	Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.
2011-03-28	Senate	Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
2011-03-03	Senate	Committee on the Judiciary. Ordered to be reported without amendment favorably.
2011-01-25	Senate	Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S162-163)
2011-01-25	Senate	Sponsor introductory remarks on measure. (CR S161-162)

Type	Source
Summary	http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN00049:@@@L&summ2=m&
Text	http://gpo.gov/fdsys/pkg/BILLS-112s49is/pdf/BILLS-112s49is.pdf
Text	http://gpo.gov/fdsys/pkg/BILLS-112s49rs/pdf/BILLS-112s49rs.pdf