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AG Knudsen Urges Red Signal for Major Railroad Merger

  • Montana AG Austin Knudsen led a coalition of seven AGs asking the Surface Transportation Board (STB) to reject the proposed merger between freight railroad companies Union Pacific (UP) and Norfolk Southern (NS), alleging that the merger would reduce competition and increase costs for consumers.
  • The letter urges the STB Chairman to deny the companies’ application due to the lack of data on how the merger would serve the public interest. Union Pacific and Norfolk Southern have promoted a “Committed Gateway Pricing Program” as a benefit of the merger, but the AGs allege the program would not meaningfully expand opportunities that are already available. Additionally, they further argue that the proposed merger would allow a single company to control over 50 percent of the rail market, raising significant antitrust and competition concerns for the coalition.
  • Earlier this year, STB ruled that the companies’ initial application was incomplete, causing Union Pacific and Norfolk Southern to file a revised application to detail how the merger would expand competition and benefit consumers. In February, AG Knudsen also asked the United States Department of Justice to review the proposed merger between Union Pacific and Norfolk Southern to provide analysis, and USDOJ also concluded that the application required additional information before the STB could consider it.