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US rail regulator finds merger application between Union Pacific and Norfolk Southern incomplete

The U.S. Surface Transportation Board sent Union Pacific's $85 billion merger proposal with Norfolk Southern back to be revised on Friday, saying that it was missing required information. This is part of an ongoing review by the U.S.

The STB rejected the application in December, citing a lack of projections on market share and competition impacts. The board denied the application without prejudice and allowed the railroads to re-file once they addressed the deficiencies.

Donald Trump publicly supported the merger proposal. The administration tends to 'approve large transactions or impose remedy rather than blocking them outright. A merger of this magnitude was considered unthinkable during the Biden administration's broader crackdown against consolidation.

This is the first major proposed?merger of railroads to be reviewed using the more stringent framework that was put in place over?two decades ago. The stricter framework?requires applicants?to prove their transaction will enhance competition, not just preserve it?while delivering demonstrable benefits to the public?interest?

The board stated that the railroads had projected growth in traffic and divertions from the proposed coast to coast railroad, but only provided data for 2023, not the projections required showing how the combined carrier’s?share could evolve several years after the merger. The decision follows a filing in January by Canadian National. It argued that there were critical 'competitive disclosures' missing from the application, including a methodology to identify routes where two rails feed into one another and complete lists of 'potentially affected shippers'.

Union Pacific and Norfolk Southern submitted their nearly 7,000-page application to the Federal Communications Commission on December 19. They claimed that this combination would increase?service reliability?, divert truck freight onto rails, maintain shipper options, and provide broad public benefits, while protecting union jobs.

The STB stated that the ruling it issued should not be interpreted as a guideline for how it would ultimately determine whether a revised application was admissible.

(source: Reuters)