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

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

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'.

END