March 26, 2021: Those Interested in Opposing the CP/KCS Merger Have a 10-Day Window

Last week, Canadian Pacific Railway and Kansas City Southern began the regulatory approval process for the pending merger between the two companies. On Monday, they formally filed their intent with the Surface Transportation Board.   
The required prefiling notification regarding their intent to apply for approval on the merger triggered a 10-day window in which those interested in opposing the application for a waiver that would exempt mergers involving KCS from the STB’s more stringent requirements for Class I railroad mergers may do so by April 01, 2021.
The National Industrial Transportation League (NITL), who plans to submit a filing next week to STB opposing the waiver request by KCS, released the following statement regarding the pending merger: “Given the scale of the announcement of the merger between Canadian Pacific and Kansas City Southern and many details yet to be learned, it’s too early to take a position on the favorability of this merger to the rail shipping community. While the National Industrial Transportation League and our members have outstanding relationships with both Canadian Pacific and Kansas City Southern– and are optimistic about this new venture– any merger in this industry and on this scale will be viewed with healthy skepticism based on prior history and experience of rail mergers. Our members look forward to hearing more from both Canadian Pacific and Kansas City Southern as more specific details on how the combined operation will affect service and competition, which remains a priority to the NIT League.”

CP and KCS Submit Merger Prefiling Notification and Proposed Procedural Schedule