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Surface Transportation Board Determines Regulatory Waiver for Merger Between CP and KCS Applies

04/23/2021 (Friday) [PDF Version]
No. 21-20

Michael Booth
FedRelay 1 (800) 877-8339

The Surface Transportation Board today announced a decision finding that the waiver provision under 49 C.F.R. § 1180.0(b) applies to the potential transaction between Canadian Pacific Railway (CP) and Kansas City Southern Railway (KCS).  This 2001 merger regulation granted a waiver allowing a merger involving KCS and another Class I railroad to be considered under the Board’s pre-2001 merger regulations, subject to the Board’s review. Per the Board’s decision, the agency’s review of the transaction will be governed by the regulations set forth at 49 C.F.R. part 1180 (2000).

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. EP 36500, may be viewed and downloaded here.