Representative Mark Green (R-WI) is reported as saying provisions of the Clayton Act of 1914 granting railroads immunity from antitrust laws gives the railroads an unfair advantage over shippers and creates a monopolistic environment. Green introduced H.R. 3318, the Railroad Antitrust and Competition Enhancement Act of 2005 to remove language giving the railroads immunity. The bill was referred to the Committees on the Judiciary and Transportation and Infrastructure, according to the Intermodal Association of North America (IANA).
The bill is supported by the National Association of Wheat Growers which says its members are essentially captive shippers to the railroads. Without direct competition in some areas, Green says, railroads are not responsive to shipper needs.