Key facts
- CN filed a motion with the Surface Transportation Board (STB) to compel Union Pacific (UP) and Norfolk Southern (NS) to disclose more information about their proposed merger.
- CN argues that UP and NS have not been transparent about the competitive harms resulting from the merger.
- The application from UP and NS allegedly omits critical data, including market analyses, market share projections, and complete network maps.
- CN contends that the withholding of certain merger agreement schedules makes the application procedurally incomplete.
- BNSF Railway has also requested the STB to force UP and NS to produce additional internal documents related to the merger.
Canadian National Railway (CN) has filed a motion with the Surface Transportation Board (STB) seeking to compel Union Pacific (UP) and Norfolk Southern (NS) to provide additional information regarding their proposed merger. CN alleges that the applicants have not been transparent about the potential competitive harms and that their application is incomplete due to missing critical data.
CN's motion, filed on January 12, 2026, highlights several shortcomings in the original application. These include incomplete market analyses, a failure to provide full lists of shipper points, missing market share projections, and an incomplete network map that appears to misrepresent the transaction as "end-to-end." CN argues that this lack of transparency prevents affected parties and the STB from properly assessing the merger's impact on competition.
Similarly, BNSF Railway has filed a separate request with the STB, asking for more internal documents from UP and NS. BNSF claims that UP and NS are withholding key documents that would reveal internal discussions about potential competitive harms, higher rates for shippers, and the achievability of purported merger benefits. Both CN and BNSF suggest that what UP and NS state publicly may differ from their internal assessments.
CN's Chief Legal Officer, Olivier Chouc, stated that the applicants must meet the highest standard of transparency and compliance given the scale of the proposed combination. He urged the applicants to welcome a transparent discussion about the merger's impact rather than attempting to dismiss concerns.