CN Challenges UP-NS Merger Filing as Still Missing Critical Data

Key Details Canadian National has filed opposition to the amended Union Pacific-Norfolk Southern merger application, arguing it remains incomplete and fails to address the Surface Transportation Board's January rejection. CN claims UP and NS still have not provided required forward-looking market share data, deal exit provisions, or proper documentation regarding St. Louis terminal control. Why It Matters The revised application addresses only one of multiple deficiencies by providing the complete merger agreement. CN contends the filing lacks comprehensive competitive analyses and ignores scenarios where shippers would lose rail service options - dropping from two Class I carriers to one, or three to two in certain markets. Competitive Concerns CN specifically criticized the proposed Committed Gateway Pricing program as the only alleged competitive enhancement, calling it temporary and limited to less than 1% of U.S. rail traffic. The program excludes finished vehicles, intermodal shipments, unit trains, and customers currently served by CN and CPKC, CN said. Bottom Line CN's executive vice president stated the applicants recycled flawed arguments already rejected by the STB rather than submit required analyses and proper applications. The carrier warns the pricing program will actually harm more shippers than help, with many facing increased rail shipping costs under the proposal.