U.S. rail regulator rejects CN's voting trust bid to buy Kansas City Southern - CBC.ca | Canada News Media
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U.S. rail regulator rejects CN's voting trust bid to buy Kansas City Southern – CBC.ca

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American railway regulator the Surface Transportation Board has blocked Canadian National Railway’s bid to buy Kansas City Southern in its current form because the deal would include a voting trust that runs afoul of the rules.

CN has been trying to buy KCS for several months, in a protracted takeover battle with its rival Canadian Pacific Railway (CP), which is trying to do the same thing. Both companies are seeking to build a continental railway network with assets across Canada, the U.S. and Mexico. 

CN’s offer has the support of KCS’s board, which has rejected CP’s offer. But CP has the advantage that the Surface Transportation Board has no objection to its offer despite incorporating a voting trust structure of its own.

The voting trust in question is a structure ostensibly set up by CN to keep Kansas City Southern’s assets independent and while the deal gets ironed out, but the regulator’s ruling says in its current form, such a voting trust runs afoul of regulations.

“The proposed use of a voting trust in the context of the impending control application does not meet the standards under the current merger regulations and therefore denies the applicants’ motion for authorization to establish and use the proposed voting trust,” the STB said.

The ruling comes amid sweeping executive orders issued by U.S. President Joe Biden aimed at promoting competition in the U.S. economy. One of them specifically asks to take into account the rights of passenger railroad Amtrak, which is majority owned by the U.S. government, when considering railway mergers.

Amtrak had opposed CN’s voting trust, saying its pledge to divest the Baton Rouge to New Orleans line will harm future passenger service in Louisiana.

CN says it has the support of thousands of KCS customers and other stakeholders for the deal. The railway had no immediate comment on the STB ruling, but previously said it is committed to working out any issues that arise.

“As we have stated before, we are committed to addressing any competitive concerns under the current merger rules in order to successfully complete a CN-KCS combination,” CN said earlier this summer when it was announced the STB would review the deal.

The decision does not kill the proposal entirely, but does mean that CN will have to completely rework the details of the offer if it wishes to continue.

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Imperial to cut prices in NWT community after low river prevented resupply by barges

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NORMAN WELLS, N.W.T. – Imperial Oil says it will temporarily reduce its fuel prices in a Northwest Territories community that has seen costs skyrocket due to low water on the Mackenzie River forcing the cancellation of the summer barge resupply season.

Imperial says in a Facebook post it will cut the air transportation portion that’s included in its wholesale price in Norman Wells for diesel fuel, or heating oil, from $3.38 per litre to $1.69 per litre, starting Tuesday.

The air transportation increase, it further states, will be implemented over a longer period.

It says Imperial is closely monitoring how much fuel needs to be airlifted to the Norman Wells area to prevent runouts until the winter road season begins and supplies can be replenished.

Gasoline and heating fuel prices approached $5 a litre at the start of this month.

Norman Wells’ town council declared a local emergency on humanitarian grounds last week as some of its 700 residents said they were facing monthly fuel bills coming to more than $5,000.

“The wholesale price increase that Imperial has applied is strictly to cover the air transportation costs. There is no Imperial profit margin included on the wholesale price. Imperial does not set prices at the retail level,” Imperial’s statement on Monday said.

The statement further said Imperial is working closely with the Northwest Territories government on ways to help residents in the near term.

“Imperial Oil’s decision to lower the price of home heating fuel offers immediate relief to residents facing financial pressures. This step reflects a swift response by Imperial Oil to discussions with the GNWT and will help ease short-term financial burdens on residents,” Caroline Wawzonek, Deputy Premier and Minister of Finance and Infrastructure, said in a news release Monday.

Wawzonek also noted the Territories government has supported the community with implementation of a fund supporting businesses and communities impacted by barge cancellations. She said there have also been increases to the Senior Home Heating Subsidy in Norman Wells, and continued support for heating costs for eligible Income Assistance recipients.

Additionally, she said the government has donated $150,000 to the Norman Wells food bank.

In its declaration of a state of emergency, the town said the mayor and council recognized the recent hike in fuel prices has strained household budgets, raised transportation costs, and affected local businesses.

It added that for the next three months, water and sewer service fees will be waived for all residents and businesses.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.

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U.S. vote has Canadian business leaders worried about protectionist policies: KPMG

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TORONTO – A new report says many Canadian business leaders are worried about economic uncertainties related to the looming U.S. election.

The survey by KPMG in Canada of 735 small- and medium-sized businesses says 87 per cent fear the Canadian economy could become “collateral damage” from American protectionist policies that lead to less favourable trade deals and increased tariffs

It says that due to those concerns, 85 per cent of business leaders in Canada polled are reviewing their business strategies to prepare for a change in leadership.

The concerns are primarily being felt by larger Canadian companies and sectors that are highly integrated with the U.S. economy, such as manufacturing, automotive, transportation and warehousing, energy and natural resources, as well as technology, media and telecommunications.

Shaira Nanji, a KPMG Law partner in its tax practice, says the prospect of further changes to economic and trade policies in the U.S. means some Canadian firms will need to look for ways to mitigate added costs and take advantage of potential trade relief provisions to remain competitive.

Both presidential candidates have campaigned on protectionist policies that could cause uncertainty for Canadian trade, and whoever takes the White House will be in charge during the review of the United States-Mexico-Canada Agreement in 2026.

This report by The Canadian Press was first published Oct. 22, 2024.

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Thomson Reuters acquires AI accounting assistant developer Materia

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TORONTO – Thomson Reuters Corp. says it has acquired Materia, a U.S.-based startup developing an artificial intelligence-powered assistant for the tax, audit and accounting profession.

Financial terms of the deal were not immediately available.

Thomson Reuters says the deal is part of its plan to provide AI tools to the professions it serves.

Materia was founded in 2022.

The company’s AI assistant helps accountants by automating and improving research and workflows.

Thomson Reuters Ventures was an early investor in Materia.

This report by The Canadian Press was first published Oct. 22, 2024.

Companies in this story: (TSX:TRI)

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