Kendall Hayden, a member of Cozen O'Connor's Commercial Litigation department, discusses the D.C. Circuit's rejection of a federal law giving Amtrak power to regulate freight railroads that compete with it for track use sets up. “Allowing Amtrak, a quasi-governmental entity that is also — albeit nominally — for-profit, the authority to regulate its competitors in this environment, presents an air of unfairness,” said Kendall. “A future appeal will likely weigh in on how to fairly and constitutionally resolve disputes between Amtrak and its competitors.”
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