SURFACE TRANSPORTATION BOARD

The Surface Transportation Board today issued a decision inviting public comments on a proposed procedural schedule for the proposed transaction between Canadian Pacific Railway Limited (CP) and Kansas City Southern Railway Company (KCS).

On September 15, 2021, CP and KCS filed an amended notice of intent to file a merger application, and on October 29, 2021, filed their application with the Board. In today’s decision, the Board proposes a procedural schedule that allows sufficient time for the submission and review of evidence and arguments, as well as careful consideration of the merits of the proposed transaction.

Among other things, the schedule proposes dates for comments to the application, the filing of responsive applications, and the submission of final briefs. Additionally, the Board’s proposed schedule provides that the Board will decide in a subsequent decision whether to conduct a public hearing, which would be held on a date following the submission of final briefs. Written comments on the Board’s proposed procedural schedule are due by Friday, November 12, 2021.

The Board’s decision in Canadian Pacific Railway Limited; Canadian Pacific Railway Company; Soo Line Railroad Company; Central Maine & Quebec Railway US Inc.; Dakota, Minnesota & Eastern Railroad Corporation; and Delaware & Hudson Railway Company, Inc.—Control—Kansas City Southern; The Kansas City Southern Railway Company; Gateway Eastern Railway Company; and The Texas Mexican Railway Company, Docket No. FD 36500, may be viewed and downloaded here.

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