Shelley,  My colleague, Clayton Vernon, who has a background in  economics, wrote a  short summary of arguments against the ROFR.
We are working on the second approach to the problem: we try to come up with  a numerical estimate of the value of this option.
The fact that an incumbent shipper has this option has  distributional consequences: he has something  of value he never paid for.
Having a numerical estimate of  the value of this option could help to argue against it.
The value of such an option is case specific;  so we shall rather  produce a template you can use for valuation case by case.
Vince Kaminski

auctions with an incumbent's right of first refusal