Railroad Antitrust and Competition Enhancement Act of 2005

Railroad Antitrust and Competition Enhancement Act of 2005 - Amends the Clayton Act to eliminate the antitrust exemption applicable to railroads.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3318 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3318

 To amend the Clayton Act to restore the application of the antitrust 
             laws to rail carriers; and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2005

  Mr. Green of Wisconsin (for himself and Mr. Pomeroy) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Clayton Act to restore the application of the antitrust 
             laws to rail carriers; and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Railroad Antitrust and Competition 
Enhancement Act of 2005''.

SEC. 2. AMENDMENT TO THE CLAYTON ACT.

    The Clayton Act (15 U.S.C. 21(a)) is amended--
            (1) in section 11(a) by inserting ``(excluding part A)'' 
        after ``subtitle IV'', and
            (2) in the proviso to the 1st sentence of section 16 by 
        inserting ``(excluding a railroad)'' after ``common carrier''.

SEC. 3. RELATED AMENDMENTS.

    (a) Regional Rail Reorganization Act of 1973.--Section 601 of the 
Regional Rail Reorganization Act of 1973 (45 U.S.C. 791) is amended by 
striking subsection (a).
    (b) Title 49 of the United States Code.--Title 49 of the United 
States Code is amended--
            (1) in section 333(d)--
                    (A) by striking paragraph (2), and
                    (B) by striking ``(1)'',
            (2) in section 10706 in the 3d sentence--
                    (A) in the heading by striking ``: exemption from 
                antitrust laws'',
                    (B) in subsection (a)(5)(A) by striking ``and the 
                antitrust laws set forth in paragraph (2) of this 
                subsection do not apply to parties and other persons 
                with respect to making or carrying out the agreement'' 
                and inserting ``except that the antitrust laws set 
                forth in paragraph (2) of this subsection shall apply 
                to parties and other persons with respect to making or 
                carrying out the agreement'', and
                    (C) by striking subsections (d) and (e),
            (3) in section 11321(a) in the 3d sentence--
                    (A) by striking ``from the antitrust laws and'', 
                and
                    (B) by inserting ``(excluding the antitrust laws)'' 
                after ``other law'', and
            (4) in section 14302(f) in the 2d sentence--
                    (A) by striking ``from the antitrust laws and'', 
                and
                    (B) by inserting ``(excluding the antitrust laws)'' 
                after ``other law''.
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