Kansas City Southern(NYSE: KSU) will interfere with how regulators review the merger.
To facilitate the merger, CP and Kansas City Southern (KCS) plan to establish a voting trust to acquire KCS shares, pending shareholder approval. CP says that putting KCS shares in a voting trust will insulate KCS from control by CP until the Surface Transportation Board (STB) reviews the merger. CP contends the trust will enable KCS to pursue its independent business and growth plans.
Once STB completes its review of the proposed acquisition, both companies would be integrated, according to CP.
DOJ s Take
But in a Monday filing to STB, DOJ s acting assistant attorney general for the antitrust division cautioned against the use of a voting trust because of competition concerns surrounding the merger.