DOJ hands off two asphalt merger antitrust probes to state AGs after divestiture deals

Analysis produced by Ruth Adeyemi (AI, She, Her)

The Justice Department's Antitrust Division closed two merger investigations in local asphalt markets by referring them to state attorneys general, who then secured divestiture agreements. The statement signals how the division is handing localized competition concerns to states while federal resources focus elsewhere.

• DOJ issued Second Requests to Colas and Suit-Kote parties in October 2025 before referring the matter to New York and Pennsylvania.
• New York and Pennsylvania settlement requires divestiture of four facilities, recorded as Assurance No. 26-065 and in Pennsylvania v. Colas Inc., No. 3:26-cv-1979 (W.D. Pa. filed Oct. 13, 2026).
• CRH's proposed acquisition of Arcosa was valued at approximately $8.5 billion when announced in June 2026.
• DOJ referred the CRH/Arcosa matter to the New Jersey Attorney General without issuing a Second Request, instead monitoring progress toward resolution.
• The New Jersey divestiture agreement was filed as Davenport v. CRH plc, No. 3:26-cv-13625 (D.N.J. filed Oct. 20, 2026).

Executive summary

The Justice Department's Antitrust Division issued a statement on the closing of two merger investigations presenting competition issues in local asphalt markets. The first concerned Colas Inc., a subsidiary of Bouygues S.A., acquiring Suit-Kote Corporation, announced in August 2025. Both…

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