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Rail News Home M&A

4/5/2004



Rail News: M&A

Mexican competition commission extends NAFTA Rail ruling another six months


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On April 2, the Mexican Federal Competition Commission granted Kansas City Southern another 180-day extension to its May 2003 approval of the railroad's NAFTA Rail plan. The extension will expire Oct. 2.

KCS is attempting to place TFM S.A. de C.V., The Kansas City Southern Railway Co., The Texas Mexican Railway Co. and Gateway Eastern Railway Co. under the common control of NAFTA Rail, a Kansas City, Mo.-based holding company.

In June 2003, the commission extended its authority 180 days to enable KCS and Grupo TMM S.A. officials to resolve their dispute over a TFM purchase agreement reached in April 2003. The commission opted not to extend its authority after the 180 days expired in early 2004.

However, the AAA International Centre for Dispute Resolution recently determined the TFM acquisition agreement is valid and in effect, prompting KCS officials to apply for renewed NAFTA Rail authority from the commission.