House Panel Passes Bill Stripping Rail Antitrust Exemptions
September 16 2009 - 3:28PM
Dow Jones News
The House Judiciary Committee on Wednesday passed legislation to
strip longstanding antitrust exemptions for freight railroad
companies, sending the bill to the full House for
consideration.
Lawmakers on both sides of the aisle, however, suggested that
the bill needs additional work and will see some changes before it
appears on the House floor.
The bill would repeal legal provisions that make certain
railroad transactions exempt from review by antitrust regulators.
And importantly, the legislation would provide that in legal
disputes, federal trial judges would not have to defer to the
jurisdiction of the Surface Transportation Board, whose oversight
has been criticized as too friendly to the railroads.
The legislation also would give private litigants the ability to
seek court injunctions to block conduct by the rail companies.
The House panel approved the legislation on a voice vote.
Supporters of the bill say antitrust exemptions for railroads
contribute to higher shipping prices that translate into higher
prices for consumers.
The railroads say the legislation would discourage private
investment in the industry and harm the public.
The prospects for any congressional passage of a rail antitrust
bill this year are cloudy, in part because railroad legislation is
in limbo in the Senate.
The Senate canceled a vote on a similar rail bill in June after
Sen. John Rockefeller, D-W.Va., a key player on the issue, withdrew
his support for the legislation.
Rockefeller instead plans to offer broader legislation that
would overhaul the Surface Transportation Board, which regulates
rail competition. The senator has agreed to include some, but not
all, provisions of the antitrust bill.
Rockefeller has not yet introduced his legislation.
Four rail companies dominate the rail shipping business: Norfolk
Southern Corp. (NSC), Burlington Northern Santa Fe Corp. (BNI), CSX
Corp. (CSX) and Union Pacific (UNP).
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com