A bill to amend the Sherman Act to prohibit a rail carrier from denying to shippers of certain commodities, with intent to monopolize, use of its track which affords the sole access by rail to such shippers to reach the track of a competing railroad or the destination of shipment.

Summary

Amends the Sherman Act to prohibit any rail carrier, with intent to monopolize, from denying a person the use, at reasonable terms, of a facility which is the sole facility for movement of such person's shipment of ore, coal, grain, forest products, chemicals, or fertilizers to the destination of shipment. Provides that terms for the use of such facility shall be considered unreasonable if they require: (1) the shipper to use any other facilities of the rail carrier; (2) rates that would yield a revenue-to-variable cost ratio higher that the lower of the revenue-to-variable cost ratios yielded by the carrier's single line rate or its division of a competing joint line rate to the shipment destination; or (3) rates higher than the rates that would yield a fair return on the proportion of the carrier's prudent investment in the railroad facility that the shipper's traffic bears to all traffic using such railroad facility. Allows the shipper to elect to connect with water carriage at any point within or not substantially beyond the first rail connection with a competing rail carrier. Declares that a carrier shall be conclusively presumed to have denied use of such facility with intent to monopolize if it denies use of such facility at reasonable terms to such a person and to other carriers for the transporation of such person's goods.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 13 March 1984

  Open at official source

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