DOJ Antitrust Division Closes Two Local Asphalt Merger Probes After State Settlements With Facility Divestitures
The U.S. Department of Justice's Antitrust Division issued a statement on October 29 announcing the closing of its investigations into two transactions that raised competition issues in local asphalt markets: Colas Inc.'s acquisition of Suit-Kote Corporation, and CRH plc's acquisition of Arcosa Inc. In both matters, the Division found competition concerns confined to discrete local markets, referred the cases to state attorneys general, and the parties reached settlements.
In Colas/Suit-Kote, Bouygues (Colas) announced in August 2025 its intention to acquire Suit-Kote. Both companies offer asphalt pavement products and services to commercial and government customers in New York and Pennsylvania. The Division opened an investigation and issued Second Requests to the parties in October 2025. After an extensive investigation, the Division identified only discrete geographic areas in New York and Pennsylvania where the merger would reduce the number of asphalt suppliers, and fully referred the matter to those states so they could engage with the parties on remedies. The parties and the states then agreed to a settlement including divestiture of four facilities in New York and Pennsylvania, reflected in filings including New York Assurance No. 26-065 (October 13, 2026) and Pennsylvania v. Colas Inc. (W.D. Pa., filed October 13, 2026).
In CRH/Arcosa, Irish building materials provider CRH announced in June 2026 that it would acquire U.S. infrastructure materials provider Arcosa for approximately $8.5 billion. The Division's preliminary investigation narrowed potential concerns to a local market for hot-mix asphalt in a region of New Jersey, and it referred the matter to the New Jersey Attorney General while keeping its own investigation open without issuing a Second Request. The parties subsequently agreed with New Jersey to divest certain facilities in the state (Davenport v. CRH plc, D.N.J., filed October 20, 2026).
The Division said it commends the states and parties for reaching agreements resolving the states' concerns about competition in their local markets, and that it continues to prioritize efficient use of federal enforcement resources and complementary support of state attorney general enforcement partners in local matters. The Division took no position on the terms of the settlements.
Source: GSM · USA (original Chinese edition)
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