An Analysis of Vertical Relationships Among Railroads: Why Competitive Access Should Not Be an Antitrust Concern

Andrew N. Kleit
Working Paper:

Competitive access has been an important antitrust issue for the ICC since the Staggers Act of 1980 largely deregulated the railroad industry. This paper looks at the reasons why competitive access should and should not be an antitrust issue. Given the economics of vertical relationships and contracting, it would appear that 18 the vast majority of cases, if it is efficient for competitive access to be granted, it will be without government action. If competitive access is to remain an antitrust Question, then several conditions should be met before intervention occurs.