-- Canadian National Railway (CNR.TO, CNI) after the close Thursday said it is reviewing Union Pacific UNP) and Norfolk Southern's (NSC) amended merger application submitted to the Surface Transportation Board (STB) and will remain "actively engaged" in this process.
According to a statement, the applicants have failed to "materially improve the amended application" in ways that address the competitive harms of the merger. They have not remedied the "significant competitive harms" posed by the merger, nor have they offered any meaningful competitive enhancements as required under the board's new rules, said CN, adding that "these failures should be fatal to the application".
"Given the magnitude of this transaction, the board's authority to impose conditions that protect competition and the public interest must be paramount. If Union Pacific and Norfolk Southern have set a cost cap on the conditions they're willing to accept, that's their business decision and their risk. It is not a ceiling on the board's authority, and it doesn't limit what's required in the public interest," said Olivier Chouc, CN's chief legal officer.
CN Rail shares closed up C$4.66 at C$152.57 on Toronto Stock Exchange.