,,ii #aacth ,,congress #ast ,session ,s4 #fch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjac ,ms4 ,klobuchar 7for herself1 ,mr4 ,vitter1 ,mr4 ,franken1 ,mr4 ,leahy1 ,ms4 ,baldwin1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,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 railroads4 #a4 ,short title ,this ,act may be cited as the ,railroad ,antitrust ,enforcement ,act of #bjac4 #b4 ,injunctions against railroad common carriers ,the proviso in section #af of the ,clayton ,act 7#ae ,u4,s4,c4 #bf7 ending with ,code4 is amended to read as follows3 ,provided1 ,that nothing herein contained shall be construed to entitle any person1 firm1 corporation1 or association1 except the ,united ,states1 to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the ,surface ,transportation ,board under subtitle ,,iv of title #di1 ,united ,states ,code44 #c4 ,mergers and acquisitions of railroads ,the sixth undesignated paragraph of section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah7 is amended to read as follows3 ,nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the ,secretary of ,transportation1 ,federal ,power ,commission1 ,surface ,transportation ,board 7except for transactions described in section #aacba of that title71 the ,securities and ,exchange ,commission in the exercise of its jurisdiction under section #aj 7of the ,public ,utility ,holding ,company ,act of #aice71 the ,united ,states ,maritime ,commission1 or the ,secretary of ,agriculture under any statutory provision vesting such power in the ,commission1 ,board1 or ,secretary4 4 #d4 ,limitation of primary jurisdiction ,the ,clayton ,act is amended by adding at the end thereof the following3 #bi4 ,in any civil action against a common carrier railroad under section #d1 #d;,c1 #ae1 or #af of this ,act1 the district court shall not be required to defer to the primary jurisdiction of the ,surface ,transportation ,board4 4 #e4 ,federal trade commission enforcement 7a7 ,clayton ,act ,section #aa7;a7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ba7;a77 is amended by striking subject to jurisdiction and all that follows through the first semicolon and inserting subject to jurisdiction under subtitle ,,iv of title #di1 ,united ,states ,code 7except for agreements described in section #ajgjf of that title and transactions described in section #aacba of that title724 7b7 ,,ftc ,act ,section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 is amended by striking common carriers subject and inserting common carriers1 except for railroads1 subject4 #f4 ,expansion of treble damages to rail common carriers ,section #d of the ,clayton ,act 7#ae ,u4,s4,c4 #ae7 is amended by-- 7#a7 redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 inserting after subsection 7a7 the following3 7b7 ,subsection 7a7 shall apply to a common carrier by railroad subject to the jurisdiction of the ,surface ,transportation ,board under subtitle ,,iv of title #di1 ,united ,states ,code1 without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed4 4 #g4 ,termination of exemptions in title #di 7a7 ,in general ,section #ajgjf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a71 by striking 1 and the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 and all that follows through or carrying out the agreement in the third sentence2 7,b7 in paragraph 7#d7-- 7i7 by striking the second sentence2 and 7ii7 by striking ,however1 the in the third sentence and inserting ,the2 and 7,c7 in paragraph 7#e77;,a71 by striking 1 and the antitrust laws set forth in paragraph 7#b7 of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement2 and 7#b7 by striking subsection 7e7 and inserting the following3 7e7 ,application of antitrust laws 7#a7 ,in general ,nothing in this section exempts a proposed agreement described in subsection 7a7 from the application of the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 the ,clayton ,act 7#ae ,u4,s4,c4 #ab1 #ad et seq471 the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq471 section #gc or #gd of the ,wilson ,tariff ,act 7#ae ,u4,s4,c4 #h and #i71 or the ,act of ,june #ai1 #aicf 7#ae ,u4,s4,c4 #ac1 #ac;a1 #ac;b1 #ba;a74 7#b7 ,antitrust analysis to consider impact ,in reviewing any such proposed agreement for the purpose of any provision of law described in paragraph 7#a71 the ,board shall take into account1 among any other considerations1 the impact of the proposed agreement on shippers1 on consumers1 and on affected communities4 4 7b7 ,combinations ,section #aacba of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the authority in the first sentence and inserting ,except as provided in sections #d 7#ae ,u4,s4,c4 #ae71 #d;,c 7#ae ,u4,s4,c4 #ae;c71 section #ae 7#ae ,u4,s4,c4 #be71 and section #af 7#ae ,u4,s4,c4 #bf7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ba7;a771 the authority2 and 7,b7 by striking is exempt from the antitrust laws and from all other law1 in the third sentence and inserting is exempt from all other law 7except the antitrust laws referred to in subsection 7c7712 and 7#b7 by adding at the end the following3 7c7 ,application of antitrust laws 7#a7 ,in general ,nothing in this section exempts a transaction described in subsection 7a7 from the application of the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 the ,clayton ,act 7#ae ,u4,s4,c4 #ab1 #ad et seq471 the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq471 section #gc or #gd of the ,wilson ,tariff ,act 7#ae ,u4,s4,c4 #h-i71 or the ,act of ,june #ai1 #aicf 7#ae ,u4,s4,c4 #ac1 #ac;a1 #ac;b1 #ba;a74 ,the preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the ,surface ,transportation ,board or its predecessor agency pursuant to section #aacbb of title #di1 ,united ,states ,code4 7#b7 ,antitrust analysis to consider impact ,in reviewing any such transaction for the purpose of any provision of law described in paragraph 7#a71 the ,board shall take into account1 among any other considerations1 the impact of the transaction on shippers and on affected communities4 4 7c7 ,conforming amendments 7#a7 ,the heading for section #ajgjf of title #di1 ,united ,states ,code1 is amended to read as follows3 ,rate agreements4 7#b7 ,the item relating to such section in the chapter analysis at the beginning of chapter #ajg of such title is amended to read as follows3 #ajgjf4 ,rate agreements4 4 #h4 ,effective date 7a7 ,in general ,subject to the provisions of subsection 7b71 this ,act shall take effect on the date of enactment of this ,act4 7b7 ,conditions 7#a7 ,previous conduct ,a civil action under section #d1 #ae1 or #af of the ,clayton ,act 7#ae ,u4,s4,c4 #ae1 #be1 #bf7 or complaint under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 may not be filed with respect to any conduct or activity that occurred prior to the date of enactment of this ,act that was previously exempted from the antitrust laws as defined in section #a of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7 by orders of the ,interstate ,commerce ,commission or the ,surface ,transportation ,board issued pursuant to law4 7#b7 ,grace period ,a civil action or complaint described in paragraph 7#a7 may not be filed earlier than #ahj days after the date of enactment of this ,act with respect to any previously exempted conduct or activity or previously exempted agreement that is continued subsequent to the date of enactment of this ,act4