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BNSF Railway has asked the Surface Transportation Board (STB) to immediately review and enforce conditions established during the 1996 Union Pacific–Southern Pacific merger, saying Union Pacific (UP) has spent decades undermining competition and limiting customer choice.
In a new petition, BNSF argues that UP has repeatedly obstructed efforts to preserve competitive rail service that the STB required as a condition of approving the historic merger. Despite negotiations, oversight proceedings, and formal petitions over the years, BNSF says many shippers now have fewer rail options than before UP absorbed Southern Pacific.
“With UP now proposing another unprecedented merger, this time with Norfolk Southern, the stakes for shippers nationwide could not be higher,” said Jill Mulligan, BNSF’s Executive Vice President and Chief Legal Officer. She urged the STB to ensure that commitments made nearly 30 years ago are honored before regulators consider any new consolidation.
BNSF’s filing asks the STB to review how the original merger conditions have been implemented, enforce BNSF’s competitive access rights, and modify existing conditions if necessary to protect the public interest. The railroad is also seeking a procedural schedule so all parties can fully present evidence.
BNSF argues that fair competition is essential for reliable service and reasonable rates, and says UP’s persistent resistance to the 1996 conditions must be resolved before any new merger reshapes the industry and impacts supply chains nationwide.
© 2025 David Mazor
Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.