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DOJ Refers Two Asphalt Merger Investigations to States, Which Secure Facility Divestitures

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The U.S. Department of Justice’s Antitrust Division referred local competition concerns in two asphalt mergers to state attorneys general. The parties agreed to divest facilities in New York, Pennsylvania, and New Jersey to address the states’ concerns.

28.10.2026 | Department of Justice


The U.S. Department of Justice’s Antitrust Division announced that it had closed its investigations into Colas Inc.’s acquisition of Suit-Kote Corporation and CRH plc’s acquisition of Arcosa Inc. In both matters, the Division identified potential competition concerns in local asphalt markets and referred the cases to state attorneys general to address them.

In the Colas/Suit-Kote matter, Bouygues subsidiary Colas announced its planned acquisition of Suit-Kote in August 2025. Both companies supply asphalt pavement products and services to commercial and government customers in New York and Pennsylvania. The Division opened an investigation and issued Second Requests in October 2025. Its investigation identified discrete areas in the two states where the merger would reduce the number of asphalt suppliers. The parties offered to divest certain facilities, and the Division fully referred the matter to the states so they could negotiate potential remedies. The parties and states subsequently agreed to divest four facilities in New York and Pennsylvania.

In the CRH/Arcosa matter, CRH announced in June 2026 that it intended to acquire Arcosa for approximately $8.5 billion. The Division’s preliminary investigation narrowed its potential concerns to a local market for hot-mix asphalt in a region of New Jersey. It referred the matter to the New Jersey Attorney General and kept its investigation open, without issuing a Second Request, to monitor the state’s work and facilitate a prompt resolution. The parties later agreed with the New Jersey Attorney General to divest certain facilities in New Jersey.

The Division said the referrals reflected its focus on efficient use of federal enforcement resources and cooperation with state attorneys general on local matters. It commended the states and parties for reaching agreements but stated that it took no position on the settlement terms.

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