Antitrust Division Announces Successful Referrals in Two Local Asphalt Merger Investigations to State Attorneys General

The Justice Department's Antitrust Division provided the following statement on the closing of its investigations into two transactions that presented competition issues in local asphalt markets: (1) the acquisition of Suit-Kote Corporation by Colas Inc., a subsidiary of Bouygues S.A.; and (2) the acquisition of Arcosa Inc. by CRH plc.

Colas/Suit-Kote. In August 2025, Bouygues (Colas) announced 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 Antitrust Division opened an investigation into the acquisition and issued Second Requests to the parties in October 2025.

The Division investigated the transaction extensively, identified only discrete geographic areas in New York and Pennsylvania where the merger would reduce the number of asphalt suppliers, and referred the matter to those states. The parties offered the Division a divestiture of certain facilities serving those areas. To permit the states to engage with the parties regarding potential remedies, the Division fully referred the matter to the states.

The parties and states subsequently agreed to a settlement that includes divestiture of four facilities in New York and Pennsylvania. See Investigation of Colas Inc. & Suit-Kote Corp., Assurance No. 26-065 (N.Y. Att'y Gen. Oct. 13, 2026); Pennsylvania v. Colas Inc., No. 3:26-cv-1979 (W.D. Pa. filed Oct. 13, 2026).

CRH/Arcosa. In June 2026, CRH, an Irish building materials provider, announced its intention to acquire Arcosa, a U.S.-based infrastructure-related materials provider, for approximately $8.5 billion. The Antitrust Division opened an investigation into the acquisition.

The Division's preliminary investigation identified and narrowed potential competition concerns to those in a local market for the sale of hot-mix asphalt in a region within New Jersey. Accordingly, as in Colas/Suit-Kote, the Division referred the matter to the New Jersey Attorney General. The Division kept open its investigation without issuing a Second Request to monitor progress with New Jersey and to facilitate expeditious resolution of any local competitive concerns.

Following that referral, the parties agreed with the New Jersey Attorney General to divest certain facilities in New Jersey. See Davenport v. CRH plc, No. 3:26-cv-13625 (D.N.J. filed Oct. 20, 2026).

In both matters, the Division commends the states and parties for reaching agreement to resolve the states' concerns about competition in their local markets.[1] The Division continues to prioritize efficient use of federal enforcement resources and the complementary support of State Attorney General enforcement partners in local matters.