The simple reason why that isn't the case is because shippers can't take the railways to court. They are dependent on the railway. You cannot sue them, because their remedy is not to service you. That whole idea is patently absurd. It arises very infrequently that a shipper will take on a railway. I have a very good idea how often that is: it's a very infrequent occurrence.
What you want to be able to do is go to a supplier who is going to provide the service or provide the good. That's what happens in a normally functioning market. This is not one of those...across the entire system. There are many parts of the system where it's fabulous. What we're trying to address is those parts of the system where it's not. That's what this is meant to address.