John D. Heffner Quoted in Railway Age, “Are Paper Barriers Ripe for STB Review”

Jul 12, 2019

John Heffner of Clark Hill's Washington, DC office was quoted in Railway Age in an article discussing short line railroads’ obstacles regarding paper barriers generated by Class I railroads sanctioned by the Surface Transportation Board (STB).

“A paper barrier is a contractual provision attached to a Class I line sale or lease, limiting the ability and/or incentive of the short line purchaser or tenant to interchange traffic with competitors of that Class I. STB approval of such transactions exempts them from the antitrust laws that could otherwise define paper barriers as competition-reducing tying agreements in restraint of trade.”  Railway Age

Heffner states, “Individual short lines, however, have been reluctant to seek regulatory relief.”

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John D. Heffner’s practice is focused on private and public interests in rail transportation law. He is one of the very few private practice attorneys knowledgeable about the formation of the National Railroad Passenger Corporation (Amtrak) and Consolidated Rail Corporation (Conrail) and the specialized laws related thereto.

Heffner advocates alternative rail dispute resolution and maintains a close relationship with all major Class I railroads in the United States and Canada, major short line and regional railroad owners, Amtrak, commuter railroad authorities, and state departments of transportation, as well as a cadre of consultants and other railroad industry contacts. He has testified as an expert witness in railroad-related litigation.