Union Pacific Testifies Against US Antitrust Legislation
May 19 2009 - 5:15PM
Dow Jones News
A Union Pacific Corp. (UNP) executive urged members of Congress
Tuesday to oppose pending legislation that would strip longstanding
antitrust exemptions for freight railroad companies, saying the
bill would discourage private investment in the industry and harm
the public.
Testifying on behalf of the railroad industry, J. Michael
Hemmer, a senior vice president with Union Pacific, said the
legislation would treat railroads differently from other regulated
industries and subject them to a confusing regulatory regime.
The real purpose of the bill, Hemmer said, was to overturn
decisions of the Surface Transportation Board - which regulates the
rail industry - that shippers don't like.
"This bill goes considerably beyond repealing statutory
[antitrust] immunities," he said.
Hemmer said the current regulatory regime has provided
significant public benefits, and he predicted that the proposed
changes would create uncertainty and make it harder for companies
to raise private capital.
A version of the railroad legislation passed committees in both
the House and Senate last year but progressed no further. The
Senate Judiciary Committee passed the legislation again in
March.
On Tuesday, some House subcommittee members in both parties
expressed basic support for the bill.
Rep. Hank Johnson, D-Ga., the chair of the subcommittee, said
the antitrust exemptions for railroads have contributed to higher
shipping prices that translated into higher prices for
consumers.
"As a matter of public policy, we shy away from antitrust
exemptions," Johnson said.
Representatives of the American Bar Association and the Consumer
Federation of America both testified in support of the
legislation.
"Now is the time to give competition a chance and reform this
industry," said Mark Cooper, director of research at the Consumer
Federation.
In addition to stripping antitrust exemptions, the bill would
provide that federal trial judges don't have to defer to the
jurisdiction of the Surface Transportation Board.
The legislation also would give private litigants the ability to
seek court injunctions to block conduct by the rail companies.
Four rail companies dominate the rail shipping business: Norfolk
Southern Corp. (NSC), Burlington Northern Santa Fe Corp. (BNI), CSX
Corp. (CSX) and Union Pacific.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com