While Union Pacific and Norfolk Southern prepare to file a revised merger application in late April, federal regulators are requesting specific data related to the proposed transcontinental tie-up.
The request for documents to be submitted prior to the revised application likely could include highly sensitive data related to the $85 billion deal – the first to be evaluated under more stringent rules enacted in 2001 after mergers in the Nineties led to serious rail service meltdowns.
Union Pacific Chief Executive Jim Vena told FreightWaves he had “no concern” over the new request.
The request included in a seven-page decision released Wednesday follows a recommendation to the STB from the Department of Justice that such documents are of “critical importance” and reflect real-time business decisions and forecasts concerning the merging companies’ operations, and forecasts of future market conditions.
Justice said such documentation is typical when it and the Federal Trade Commission review mergers, guided by the Hart-Scott-Rodino antitrust legislation.
The regulator asked for internal reports, confidential memoranda, and studies by the companies’ bankers, consultants and other advisors evaluating the acquisition “with respect to market shares, competition, competitors, markets, potential for sales growth, and expansion into new product or geographic markets.”
Data covering synergies and efficiencies that are expected to be produced by the merger were also included in the request.
“Union Pacific (NYSE: UNP) remains committed to following the STB process and will be responding to the requests for the information they need to evaluate this historic merger,” the company said in a statement.
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Read more articles by Stuart Chirls here.
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