Senator Backs Off Support For Rail Antitrust Bill
29 May 2009 - 3:55AM
Dow Jones News
A senator who co-sponsored legislation to strip the railroad
industry of antitrust exemptions wants the U.S. Senate to delay
action on the bill while he presses ahead with related reforms to
the regulatory agency that oversees rail transportation.
The unexpected development comes just days before the railroad
bill is scheduled for Senate debate and may give the railroad
industry, which strongly opposes the bill, some breathing room to
continue pressing for changes.
Despite his earlier support for the antitrust bill, Sen. John
Rockefeller, D-W.Va., now is urging his colleagues to block the
legislation.
Rockefeller, chairman of the Senate Commerce Committee, and
three other leaders on the committee have circulated a letter
asking other senators to oppose a procedural motion that must pass
before the Senate can take a final vote on the bill's passage.
That key procedural vote is scheduled for Tuesday. Debate on the
bill is scheduled to begin Monday afternoon.
Rockefeller said the legislation would undercut a different bill
he is working on that would overhaul the Surface Transportation
Board, the federal agency that regulates rail competition.
Rockefeller and his Commerce Committee colleagues said they
supported "strengthening the application of the antitrust laws to
the railroad industry" but said the antitrust bill "would likely
undermine many of the reforms we are seeking."
"It would treat the rail carriers differently from other common
carriers and make major changes to rail policy without regard to
overall rail policy," they said.
Joining Rockefeller on the letter were Sens. Kay Bailey
Hutchison, R-Texas, Frank Lautenberg, D-N.J., and John Thune,
R-S.D.
The pending antitrust bill is sponsored by Sen. Herb Kohl,
D-Wisc., and originated in the Judiciary Committee, which approved
it on a 14-0 vote in March.
Kohl's staff sent out a rebuttal Wednesday, arguing the
Rockefeller letter was without merit and warning a hold-up of the
antitrust bill could end any chance to pass railroad legislation
this year.
"By killing this bill, we would be doing a disservice to rail
customers who are suffering from anticompetitive actions by
railroads today," Kohl's staff said.
Any Senate delay on the antitrust bill would be good news for
the railroads.
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).
A Union Pacific executive, testifying before a House panel
earlier this month, warned the antitrust bill would create
considerable uncertainty in the industry and discourage private
investment.
Shippers, including companies in the energy, chemical and
agricultural industries, support the bill, complaining rail freight
prices have been too high.
The Senate legislation would introduce significant regulatory
changes.
The bill would repeal legal provisions that make certain
railroad transactions exempt from review by antitrust regulators
and that allow freight railroads to engage in collective
ratemaking.
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 is considering a similar bill. It remains pending
before the House Judiciary Committee.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com