Regulatory

CN-KCS Merger Proposal Tops 1,000 Supporters

Another 180 customers and stakeholders have submitted letters to CN in support of its proposed combination with Kansas City Southern (KCS), its use of a voting trust, or both, upping the total to more than 1,000, CN reported May 12. All have been filed with the Surface Transportation Board (STB).

KCS: Beware of Titus Rockefeller LLC

Kansas City Southern has received notice of an unsolicited “mini-tender” offer by Canadian outfit Titus Rockefeller LLC (a.k.a. TRC Capital Investment Corp.) to purchase up to 500,000 shares, or approximately 0.55%, of KCS’s outstanding common stock at a price of $285.00 per share in cash. KCS said it does not endorse the offer and recommends that its shareholders reject it and not tender their shares in response to it. TRC Capital has been cited in numerous documented cases of securities fraud (see below).

CPKC Support Count Nears 550

As Canadian Pacific and CN vie for a merger with Kansas City Southern, the letters of support for both potential transactions continue to pile up at the Surface Transportation Board. On May 10, it was CP’s turn to up its count, as it reported 131 new letters.

STB Action Creates More Equitable Demurrage Approach

Picture a customer who receives a hefty invoice from an auto repair shop with several additional charges and no details regarding the nature of these fees. The customer is left facing the question of whether to dispute the bill, and if so, how. Such has been the experience of U.S. rail shippers in recent decades when receiving invoices from the railroads for demurrage charges, which are applied by railroads for costs incurred when shipments are held up beyond a reasonable time.

STB Approves CPKC Voting Trust (UPDATED)

The Surface Transportation Board on May 6 approved, by unanimous vote, a voting trust for Canadian Pacific’s proposed merger with Kansas City Southern. “The Board finds that formal Board review of the voting trust agreement proposed for use in connection with this transaction is warranted and determines that the proposed arrangement is acceptable with certain modifications,” STB wrote in Docket No. FD 36500.