Can a mega merger of peers increase competition in their market? Case in point: the proposed rail merger between Union Pacific and Norfolk Southern. Both are Class I railroads, among the largest by revenue in North America as defined by the Surface Transportation Board. According to a 2001 Surface Transportation Board rule, their merger must enhance competition - but that's not usually how mergers are designed to work, especially among giants. And this is the first rail merger that has to meet that requirement. After some back-and-forth, the Surface Transportation Board "conditionally" accepted the merger application on May 28th, but they are still looking for more information. No review activities will be conducted until that information is provided. In other words: the Surface Transportation Board has accepted the Union Pacific - Norfolk Southern filing, but they have not accepted the information provided in that filing. We'll have to wait to find out if the application is approved based on its merits. In this episode of the Art of Supply podcast, Kelly Barner covers the proposed merger from multiple angles: - The expectations for increased rail competition and public benefit - How the railways propose to give their non-transcontinental competitors a fighting chance - Whether the Surface Transportation Board and a coalition of opponents think competition is likely Links: One Railroad to Rule Them All? Inside the Union Pacific–Norfolk Southern Merger: https://artofprocurement.com/blog/supply-one-railroad-to-rule-them-all-inside-the-union-pacific-norfolk-southern-merger Kelly Barner on LinkedIn: https://www.linkedin.com/in/kelly-barner-6884443/ Art of Supply LinkedIn newsletter: https://www.linkedin.com/newsletters/art-of-supply-6895142546301960193 Art of Supply on AOP: http://www.artofsupply.com Subscribe to the Art of Procurement Newsletter: https://resources.artofprocurement.com/art-of-procurement-podcast-subscribe

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“What did the council decide on item 42?” — answered with the speaker and the moment.

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