Rail Mergers, Trade, and Federal Regulation in the United States and Canada

Daniel Madar

Publius: The Journal of Federalism, 2002, vol. 32, issue 1, 143-159

Abstract: Federal rail regulation in the United States and Canada is strongly centralized. The Burlington Northern Santa Fe and the Canadian National railways' 1999 merger application called the existing rules into question. In the United States, the Surface Transportation Board ordered a 15-month moratorium and produced stricter rules. In Canada, the BNSF/CN application coincided with a major review of federal transportation policy. Among the recommendations was a new merger review process. This article surveys the relevant legislation, the effects of NAFTA on rail traffic, conflicts between rail carriers and shippers, and the two governments' treatment of market forces. In determinations of the public interest, the article concludes, states and provinces are interested parties among many. Copyright 2002, Oxford University Press.

Date: 2002
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