Latest News

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

Union?Pacific filed a merger application of nearly 7,000 pages 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, or make initial "remedies" as it evaluates the creation of the nation's only coast-to-coast railroad. 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 a merger agreement between Union Pacific and Norfolk Southern. The analysts said that such a merger proposal, which was publicly supported by President Donald Trump, had been subject to more intense antitrust scrutiny in previous administrations.

Public disclosures reveal that Union Pacific was one of the corporations?that contributed to Trump’s White House Ballroom Project. Both sides confirm that UP Chief executive Jim Vena met Trump at 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 of "making America great again."

CONSOLIDATION

This proposal has been met with strong opposition by 'competitors' in an industry that is already highly concentrated. The U.S. freight market is dominated by four Class I railroads, with Union Pacific and BNSF dominating the west and Norfolk Southern and CSX in the east.

UP and NS claim that a single-line service would remove the East-West barrier, especially the expensive, 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.

Jim Vena, CEO of Union Pacific, said that he was confident about the approval of this deal by regulatory authorities.

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, whose Berkshire Hathaway company has billionaire status. Buffett has argued that the merger will reduce shipper options and increase rates. He also warned it would create a "railroad of such immense scope" it could undermine competitiveness along key corridors.

Canadian Pacific Kansas City, (CPKC), has also criticized this deal. Its CEO said that the company is not interested in more consolidation and questioned whether a transcontinental merger of such?scale would serve the public interest. Anthony Hatch, a independent analyst, says that the future of rail consolidating is still fluid. CSX will review the Friday filing, and BNSF, Canadian Pacific, and UP-NS could 'eventually' pair up to respond to the UPNS bid depending on the competitive concessions, the market access, or the operating?advantages that the STB grants.

If these railroads are able to gain enough market access via the STB process, then they might decide that they want to remain independent. But if not, they could be outmatched, unless they merge.

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 new STB framework requires railroads prove a merger enhances competition, not just preserves it, and shows clear benefits to the public, Hatch added. (Reporting and editing by Nick Zieminski in New York, Sabrina Valle from New York)

(source: Reuters)