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Union Pacific begins regulatory review of $85 billion coast to coast rail merger

Union Pacific and Norfolk Southern filed a nearly 7,500-page merger request with the U.S. Department of Justice on Friday. Surface Transportation Board (STB) will now have 30 days to review the plan and request more information. It can also propose some initial remedies. The filing opens up a formal response window for all stakeholders, including shippers and labor unions as well as rival railroads and consumer advocates, to comment on the $85 billion deal.

In July, analysts and executives in the industry were surprised by the merger agreement between Union Pacific and Norfolk Southern. The analysts said that a merger proposal like this, which was publicly supported by President Donald Trump, could have been subject to 'tougher antitrust scrutiny in previous administrations.

Public disclosures reveal that Union Pacific was one of the companies who contributed to Trump's White House Ballroom Project. Both sides confirm that UP Chief executive Jim Vena met Trump in the Oval Office to discuss the merger in September. Vena and Trump said that creating a single East West railroad aligns with President Trump's vision to "make America Great Again."

Todd Dubner from KPMG, the consulting firm, said: "This is an innovative deal that could reshape how goods are transported in the U.S. from coast-to-coast if it can pass regulatory hurdles."

Plan Draws Opposition From Competitors

This proposal has been met with strong opposition by competitors in a consolidated industry. The?U.S. market is dominated by four Class I freight railroads. Four Class I freight railroads dominate the?U.S.

UP and NS claim that a single-line service would remove the East-West barrier, especially the expensive and time-consuming Chicago interchanges. This would, they say, reduce the number of handoffs and improve transit times. It would also help rail compete better with long-haul trucks.

Vena, from Union Pacific, said that he was confident of the approval.

We will be left behind if we do not move. That's not for me. Vena stated that the benefits of this deal are indisputable.

BNSF is owned by Warren Buffett and Berkshire Hathaway. The company said that the merger would reduce shipper choice and increase rates. BNSF CEO Katie Farmer stated that the company was still reviewing the filing, and would have more information soon. However, she added that it "doesn't change BNSF’s opposition to proposed?merger."

She said that the transaction posed a serious threat to the U.S. consumer and economy because of its long-term harms.

Canadian Pacific Kansas City, (CPKC), has also criticized this deal in the past. Its CEO said that the company is not interested in any further consolidation.

Anthony Hatch, a independent analyst, says that the future of rail consolidation is still uncertain. CSX, BNSF, and Canadian Pacific may eventually join forces to respond to the UP-NS offer, depending on the concessions made by the STB, such as market access, or operational advantages. He said that if these railroads gain enough market access via the STB process they might decide to remain independent. If not, they could be outmatched and forced to merge unless they merged. It is still too early to tell.

CSX will review the STB filing and participate in the STB to ensure that it is well positioned for competition, the company stated.

Hatch stated that the UP-NS merger is the first major merger of railroads reviewed under the STB framework, adopted in 2001. This requires railroads prove a merger enhances competition, not just preserves it, and shows clear public interest benefits. Sabrina Valle reported from New York, and Nick Zieminski edited the story.

(source: Reuters)