Sec. 7. Termination of exemptions in title 49, United States Code
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49 , United States Code Section 10706 of title 49, United States Code, is amended— in subsection (a)— in paragraph (2)(A), by striking , and the Sherman Act and all that follows through carrying out the agreement ; in paragraph (4), by striking The Sherman Act and all that follows through such agreement. However the Board and inserting The Board ; and in paragraph (5)(A), by striking , and the antitrust laws set forth in paragraph
(2)of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement ; and by amending subsection
(e)to read as follows: Nothing in this section may be construed to exempt a proposed agreement described in subsection
(a)from the application of the Sherman Act ( 15 U.S.C. 1 et seq. ), the Clayton Act ( 15 U.S.C. 12 et seq. ), the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 ( 15 U.S.C. 13 et seq. ). In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among other considerations, the impact of the proposed agreement on shippers, consumers, and affected communities. . Section 11321 of title 49, United States Code, is amended— in subsection (a)— by striking The authority and inserting Except as provided in sections 4, 4C, 15, and 16 of the Clayton Act ( ; and 15 U.S.C. 15 , 15c, 25, and 26), the authority by striking is exempt from the antitrust laws and from all other law, and inserting is exempt from any other law (except the antitrust laws referred to in subsection (c)), ; and by adding at the end the following: Nothing in this section may be construed to exempt a transaction described in subsection
(a)from the application of the Sherman Act ( 15 U.S.C. 1 et seq. ), the Clayton Act ( 15 U.S.C. 12 et seq. ), the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 ( 15 U.S.C. 13 et seq. ). Paragraph
(1)shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322. In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among other considerations, the impact of the transaction on shippers and on affected communities. . Chapter 107 of title 49, United States Code, is amended— in the table of sections, by striking the item relating to section 10706 and inserting the following: 10706. Rate agreements. . in section 10706, by amending the section heading to read as follows: . Rate agreements
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Sec. 7
Termination of exemptions in title 49, United States Code
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