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Former Antitrust Officials Urge Close Look at Rail Merger Rivals
The attorneys general say the deal would preserve only 0.9% of U.S. rail traffic and could still raise shipper rates.
On Wednesday, a coalition of seven Republican state attorneys general urged the Surface Transportation Board to reject the proposed $85 billion merger between Union Pacific and Norfolk Southern, arguing the deal fails to serve the public interest or strengthen rail competition.
The states contend the railroads' "Committed Gateway Pricing" arrangement fails to enhance competition, applying to only 0.9% of rail traffic while setting rates at the 70th percentile rather than a median benchmark.
Union Pacific and Norfolk Southern have defended the merger, arguing it would create a coast-to-coast network, shift about 2.1 million truckloads annually to rail, and save shippers about $3.5 billion yearly through improved efficiency.
The Surface Transportation Board will likely continue reviewing the merger into next year, while former antitrust officials recently urged the board to weigh competitor opposition carefully as a potential signal of efficiency gains rather than harm.
Together, the combined railroads would operate about 50,000 miles of track across 43 states, raising state officials' concerns about reduced routing choices and higher rates for captive shippers in agriculture, mining, and manufacturing sectors.