GCP: The Online Magazine for Global Competition Policy
antitrust, exemptions & immunities, railroads, transportation, infrastructure
Repeal of the railroad antitrust exemptions has been advocated ever since deregulation of that industry, and bills have been introduced twice to do it. However, there is no particular reason yet to believe railroad exemption repeal will occur in this Congress. The pending bills have not progressed far and have failed before, and they are opposed by the industry. But even if they progress, and assuming there is not also some significant change to the overall railroad regulatory framework, it seems unlikely that antitrust litigation will be very successful or that it will much change the status quo in rail competition.
Christopher Sagers, Competition Come Full Circle? Pending Legislation to Repeal the U.S. Railroad Exemption, GCP: The Online Magazine for Global Competition Policy (September 2009)