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Press release content from PR Newswire. The AP news staff was not involved in its creation. Canadian Pacific Files Formal Objection to Canadian National Using Merger Waiver that STB Granted To CP/KCS Transaction May 1, 2021 GMT Figure 1 (CNW Group/Canadian Pacific) Letter outlines six principal arguments for why the CN/KCS transaction be reviewed under 2001 merger rules CN/KCS transaction plainly flunks the “end-to-end” test for applying the pre-2001 rules CALGARY, AB, May 1, 2021 /PRNewswire/ - Canadian Pacific Railway Limited (“CP”) (TSX: CP) (NYSE: CP) yesterday filed a formal objection with the Surface Transportation Board (“STB”) stating that Canadian National (“CN”) does not qualify for a waiver of the STB’s rules for major transactions with respect to CN’s unsolicited proposal for Kansas City Southern (“KCS”). ....
CP to STB: CN + KCS ‘Plainly Flunks End-to-End Test’ CP to STB: CN + KCS ‘Plainly Flunks End-to-End Test’ Written by William C. Vantuono, Editor-in-Chief Canadian Pacific President and CEO and CP s legal team (left to right): David L. Meyers, Sophia A. Vandergrift and Jeffrey J. Ellis. Canadian Pacific on April 30 filed a formal objection with the Surface Transportation Board stating that CN “does not qualify for a waiver of the STB’s rules for major transactions, with respect to CN’s unsolicited proposal for Kansas City Southern.” CP contends that a CN/KCS transaction “does not satisfy any of the criteria that the STB relied upon in finding that the waiver should apply to a CP/KCS transaction, which the STB granted to CP on April 23, 2021.” CP’s filing, by attorneys David L. Meyers, Sophia A. Vandergrift of Sullivan & Cromwell LLP and Canadian Pacific Chief Legal Officer and Corporat ....
CP’s letter, reproduced below in full, comes three days after CN proposed a voting trust using the same trustee, former KCS President and CEO Dave Starling. “STB has already decided that CP’s proposed use of a voting trust is subject to the pre-2001 merger rules, which entails different standards and processes than those governing CN proposal for review under current regulations,” CP said. The letter is from whom many industry observers say is arguably one of the best railroad regulatory attorneys in practice today, David L. Meyer: The Honorable Cynthia T. Brown Chief, Section of Administration, Office of Proceedings Surface Transportation Board 395 E Street S.W. Washington, DC 20423 ....