Kilambi News
Friday, October 30, 2026

Justice Department refers two asphalt mergers to state enforcers

Infrastructure Friday, October 30, 2026 - Updated Oct 30, 2026 07:08

The US Justice Department has closed its investigations into two local asphalt mergers after referring them to state attorneys general, who secured divestiture settlements.

Why it matters: The referrals clear CRH's roughly 8.5 billion dollar Arcosa deal and Colas's Suit-Kote purchase at federal level, with remedies set state by state.

Data as of Referrals and settlements announced October 29, 2026 in the Antitrust Division's own statement, the primary source of record; settlement documents filed October 13 and October 20, 2026.

The Justice Department’s Antitrust Division has announced the closing of its investigations into two asphalt mergers, after referring both to state attorneys general who reached divestiture settlements with the parties. The cases are the acquisition of Suit-Kote Corporation by Colas Inc, a subsidiary of France’s Bouygues, and CRH’s approximately 8.5 billion dollar acquisition of Arcosa, announced in June 2026.

In Colas and Suit-Kote, announced in August 2025, the Division issued Second Requests in October 2025 and found competition concerns only in discrete areas of New York and Pennsylvania, where both companies supply asphalt products and services. It referred the matter to those states, and the parties agreed with the states to divest four facilities. Settlements were filed on October 13, 2026 in New York and in federal court in Pennsylvania.

In CRH and Arcosa, the Division narrowed its concern to one local market for hot mix asphalt in New Jersey and referred the matter to the New Jersey Attorney General without issuing a Second Request. The parties agreed with New Jersey to divest certain facilities there, in a settlement filed on October 20, 2026.

The Division said it takes no position on the terms of the settlements. The two referrals are a worked example of its stated model for local mergers: federal investigators scope the harm, and state enforcers write the remedy.

Sources

  1. Antitrust Division announces successful referrals in two local asphalt merger investigations to state attorneys general - US Department of Justice - 2026-10-29
  2. Justice Department provides update on collaboration with state attorneys general on review of local mergers - US Department of Justice - 2026-10-29