Merger is DOA as proposed; DOJ has advised STB to reject the voting trust for CN, and the STB most certainly will reject it.
Not necessarily. Agreed that it doesn’t look good, but from reading about railroad mergers, the company trying to conduct the merger (in this case, CN), will have to make significant concessions to address anti-competitive issues (allowing trackage rights, selling certain areas to other carriers, etc).
This obviously isn’t guaranteed to happen, but it isn’t over until the STB rules.