A BILL TO AMEND THE SHERMAN ACT TO PROHIBIT A RAIL CARRIER Printed for the use of the Committee on Energy and Commerce 64-581 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1986 For sale by the Superintendent of Documents, Congressional Sales Office COMMITTEE ON ENERGY AND COMMERCE JOHN D. DINGELL, Michigan, Chairman JAMES H. SCHEUER, New York DOUG WALGREN, Pennsylvania W.J. "BILLY" TAUZIN, Louisiana RON WYDEN, Oregon BILL RICHARDSON, New Mexico GERRY SIKORSKI, Minnesota JIM BATES, California JAMES T. BROYHILL, North Carolina DON RITTER, Pennsylvania THOMAS J. BLILEY, JR., Virginia MICHAEL G. OXLEY, Ohio CONTENTS Berge, Ole M., chairman, Railway Labor Executives' Association Brown, Hon. Hank, a Representative in Congress from the State of Colo- Cooper, Mark, N., director of energy, Consumer Federation of America...... Dempsey, William H., president, Association of American Railroads..... Ginsburg, Douglas H., Assistant Attorney General, Antitrust Division, Godwin, Jean C., Coordinating Committee for Rail Competition Gradison, Heather J., Chairman, Interstate Commerce Commission Mahoney, William G., counsel, Railway Labor Executives' Association Riley, John H., Administrator, Federal Railway Administration, Depart- Page Letter, dated May 22, 1986, from Norman Lent to Jan Vlcek re asking for Committee Against Revising Staggers position on H.R. Rahall, Hon. Nick J., III, letter, dated June 2, 1986, to Chairman Florio Committee Against Revising Staggers, statement of William D. Shaw on 29 25 303 Coordinating Committee for Rail Competition, responses to questions 286 Federal Trade Commission, letter, dated June 9, 1986, from Daniel Oliver 41 RAILROAD ANTIMONOPOLY ACT OF 1986 THURSDAY, JUNE 5, 1986 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON COMMERCE, TRANSPORTATION, AND TOURISM, Washington, DC. The subcommittee met, pursuant to call, at 9:35 a.m., in room 2123, Rayburn House Office Building, Hon. James J. Florio (chairman) presiding. Mr. FLORIO. The subcommittee will kindly come to order. I would like to welcome all in attendance at our hearing today on H.R. 1140, the Railroad Antimonopoly Act of 1986. This legislation was approved by the Judiciary Committee in March. Because this legislation is aimed solely at the railroad industry, which is under the jurisdiction of this committee, the bill was referred to this committee. I am particularly concerned about this legislation resulting in two duplicative, potentially inconsistent regulatory systems for railroads-one based on the Interstate Commerce Act before the Interstate Commerce Commission and one based on the Clayton Act before a multitude of Federal courts. In my view, the issue today is not so much whether legislative action is needed to protect captive shippers-that is an issue the subcommittee is considering and on which we have had extensive hearings. Rather, the issue is, if legislative action is necessary, what should it be? I am hopeful the witnesses will address themselves to the appropriateness of a dual regulatory system, along with the appropriateness and merits of the remedy provided by this legislation as compared with alternative remedies. These alternatives may include improving the existing regulatory system or ensuring the treatment of railroads in a manner similar to other industries under the antitrust laws or perhaps even just legislative elimination of particular court doctrines that are currently inhibiting movement and access to the courts by shippers or individuals who feel that they have inadequate remedies under the existing regulatory system. I am looking forward to the witnesses that we have today, a very impressive group of witnesses that we will be hearing from today. [The text of H.R. 1140 follows:] |