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On Friday, the National Industrial Transportation League (NITL) announced its board voted overwhelmingly in favor of supporting the Railroad Antitrust Enforcement Act of 2009 (S. 146).

Introduced earlier this year by Sen. Herb Kohl (D-Wis.) and approved by the Senate Judiciary Committee in March, S. 146 would repeal railroads’ antitrust exemption; permit the U.S. Department of Justice and Federal Trade Commission to review mergers under antitrust law; ensure STB rulings and regulations conform to antitrust laws; and enable state attorneys general and private parties to sue for treble damages and pursue court orders to halt “anti-competitive” rail conduct.

In addition to endorsing the bill — which is opposed by the Association of American Railroads — NITL’s board also urged the Senate to coordinate any changes in the applicability of antitrust laws to the rail industry with the forthcoming surface transportation reauthorization legislation, which is being drafted by the Senate Committee on Commerce, Science and Transportation.

NITL President Bruce Carlton sent a letter to all senators conveying the board's support for S. 146 and recommending that the “Senate work cooperatively toward achieving a coherent, rational and comprehensive national policy, which will enable our nation's railroads to be in the best position possible to serve their valued customers,” according to a statement posted on the NIT League’s Web site.

Established in 1907, NITL represents the interests of all companies involved in freight transportation, including shippers.