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The Changing Antitrust/Regulation Interface in the US: Railways and Beyond

Australian Railway Business Economics Conference

20 Pages Posted: 19 Aug 2009  

Tim Brennan

University of Maryland, Baltimore County - Department of Public Policy; Resources for the Future

Date Written: August 17, 2009

Abstract

The transition from regulation to competition creates both structural and governance issues in rail, as it has in telecommunications and electricity. The latter two sectors provide both models for handling structural issues through either strict separation or fostering competition among vertically integrated firms and lessons regarding when separation may be problematic regarding operations and investment. We then turn to the antitrust/regulation interface, describing present rail immunities and using proposed legislation to identify competitive problems involving bottleneck control and conditions on sales of routes to short lines. Even if immunity were lifted, antitrust may (and perhaps should) be unable to address alleged problems. Addressing substantive harms may also be precluded by a recent radical shift in US law, making antitrust defer to regulatory authority. Recent political changes may herald a reversal, with consequences going far beyond rail.

Suggested Citation

Brennan, Tim, The Changing Antitrust/Regulation Interface in the US: Railways and Beyond (August 17, 2009). Australian Railway Business Economics Conference. Available at SSRN: https://ssrn.com/abstract=1456389 or http://dx.doi.org/10.2139/ssrn.1456389

Tim Brennan (Contact Author)

University of Maryland, Baltimore County - Department of Public Policy ( email )

1000 Hilltop Circle
Baltimore, MD 21250
United States
410-455-3229 (Phone)
410-455-1172 (Fax)

Resources for the Future ( email )

1616 P Street, NW
Washington, DC 20036
United States

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