,,ii #aadth ,,congress #ast ,session ,s4 #afcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjae,ms4 ,klobuchar 7for herself1 ,mr4 ,vitter1 and ,mr4 ,leahy7 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 #bjae4 #b4 ,injunctions against railroad common carriers ,section #af of the ,clayton ,act 7#ae ,u4,s4,c4 #bf7 is amended-- 7#a7 by striking ,that any person and inserting the following3 7a7 ,in general ,subject to subsection 7c71 any person 2 7#b7 by striking proceedings1 and inserting proceedings42 7#c7 by striking and upon and inserting the following3 7b7 ,preliminary injunction ,a preliminary injunction may be issued upon 2 7#d7 by striking 1 a preliminary injunction may issue3 ,provided1 ,that nothing and all that follows through subtitle ,,iv of title #di1 ,united ,states ,code4 and inserting the following3 7c7 ,savings provision ,nothing in this section may be construed to entitle any person1 firm1 corporation1 or association1 except the ,united ,states1 to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the ,surface ,transportation ,board under part ,b or ,c of subtitle ,,iv of title #di4 2 and 7#e7 by striking ,in any action and inserting the following3 7d7 ,costs and attorney's fees ,in any action 4 #c4 ,mergers and acquisitions of railroads ,section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah7 is amended-- 7#a7 in the first undesignated paragraph1 by striking ,that no person and inserting the following3 7a7 ,no person 2 7#b7 in the second undesignated paragraph1 by striking ,no person shall and inserting the following3 7b7 ,no person shall 2 7#c7 in the third undesignated paragraph1 by striking ,this section and inserting the following3 7c7 ,this section 2 7#d7 in the fourth undesignated paragraph1 by striking ,nor shall anything herein contained be construed and inserting the following3 7d7 ,nothing in this section may be construed 2 7#e7 in the fifth undesignated paragraph-- 7,a7 by striking ,nothing contained in this section shall be held and inserting the following3 7e7 ,nothing in this section-- 7#a7 shall be held 2 and 7,b7 by striking acquired3 ,provided1 ,that nothing in this section shall be held or construed and inserting the following3 8acquired2 or 7#b7 shall be held or construed 2 and 7#f7 by amending the sixth undesignated paragraph to read as follows3 7f7 ,nothing in this section shall apply to transactions duly consummated pursuant to authority given by the ,secretary of ,transportation1 the ,secretary of ,agriculture1 the ,surface ,transportation ,board 7except for transactions described in section #aacba of title #di1 ,united ,states ,code71 the ,federal ,energy ,regulatory ,commission in the exercise of its jurisdiction under the ,public ,utility ,holding ,company ,act of #bjje 7subtitle ,f of title ,,xii of ,public ,law #aji-eh71 or the ,united ,states ,maritime ,commission under any law vesting such power in such ,secretary1 ,board1 or ,commission4 4 #d4 ,limitation of primary jurisdiction ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 by redesignating sections #bf1 #bg1 and #bh as sections #ag1 #ah1 and #ai1 respectively2 and 7#b7 by adding at the end the following3 #ba4 ,in any civil action against a common carrier railroad under section #d1 #d;,c1 #ae1 or #af1 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 inserting 7except for agreements described in section #ajgjf of that title and transactions described in section #aacba of that title7 after ,united ,states ,code4 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 in subsection 7a71 by striking ,except as provided in subsection 7b7 and inserting ,except as provided in subsection 7c72 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,subsection 7a7 shall apply to any common carrier railroad subject to the jurisdiction of the ,surface ,transportation ,board under subtitle ,,iv of title #di1 ,united ,states ,code1 without regard to whether such railroad has filed rates or whether a complaint challenging a rate has been filed4 4 #g4 ,termination of exemptions in title #di1 ,united ,states ,code 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 and all that follows through carrying out the agreement2 7,b7 in paragraph 7#d71 by striking ,the ,sherman ,act and all that follows through such agreement4 ,however the ,board and inserting ,the ,board2 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 amending subsection 7e7 to read as follows3 7e7 7#a7 ,nothing in this section may be construed to exempt 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 #ab 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 #ac et seq474 7#b7 ,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 other considerations1 the impact of the proposed agreement on shippers1 consumers1 and 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 and inserting ,except as provided in sections #d1 #d;,c1 #ae1 and #af of the ,clayton ,act 7#ae ,u4,s4,c4 #ae1 #ae;c1 #be1 and #bf71 the authority2 and 7,b7 by striking is exempt from the antitrust laws and from all other law1 and inserting is exempt from any other law 7except the antitrust laws referred to in subsection 7c7712 and 7#b7 by adding at the end the following3 7c7 7#a7 ,nothing in this section may be construed to exempt 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 #ab 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 #ac et seq474 7#b7 ,paragraph 7#a7 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 #aacbb4 7#c7 ,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 other considerations1 the impact of the transaction on shippers and on affected communities4 4 7c7 ,conforming amendments ,chapter #ajg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the table of sections1 by striking the item relating to section #ajgjf and inserting the following3 #ajgjf4 ,rate agreements4 4 7#b7 in section #ajgjf1 by amending the section heading to read as follows3 ,rate agreements4 #h4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this ,act shall take effect on the date of the 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 and #bf7 or a 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 before the date of the enactment of this ,act that was previously exempted from the antitrust laws 7as defined in the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab77 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 before the date that is #ahj days after the date of the enactment of this ,act with respect to-- 7,a7 any previously exempted conduct or activity2 or 7,b7 any previously exempted agreement that is continued subsequent to such date of enactment4