DOJ Refers Asphalt Mergers to State Authorities

Federal regulators redirected two major asphalt company acquisitions to state attorneys general to address local competition concerns.

Updated on Oct. 29, 2026 in Business Strategy

DOJ Refers Asphalt Mergers to State Authorities

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Should federal regulators more aggressively block regional mergers that could limit local market competition?

The Justice Department's Antitrust Division has referred investigations into the mergers of Colas Inc. and Suit-Kote Corporation, as well as CRH plc and Arcosa Inc., to state-level officials. This shift, finalized in October 2026, aims to resolve competition issues in local asphalt markets.

Why it matters

By partnering with state authorities, the Justice Department seeks to prioritize the efficient use of federal enforcement resources. These referrals directly address concerns about reduced competition within specific regional markets.

The CRH acquisition of Arcosa involves an approximate value of $8.5 billion, while the Colas and Suit-Kote settlement mandates the divestiture of four specific asphalt facilities.

The players

Justice Department

The federal executive department responsible for the enforcement of federal law and administration of justice in the United States.

Colas Inc.

A global leader in the construction and maintenance of transport infrastructure.

CRH plc

A prominent building materials company that operates internationally.

The details

Regulators identified geographic areas where market competition was expected to decline due to the acquisitions. Consequently, the parties involved in both transactions agreed to divest facilities in New York, Pennsylvania, and New Jersey to satisfy state-level competition requirements.

August 2025: Bouygues announced the intention to acquire Suit-Kote Corporation.
October 2025: The Justice Department issued Second Requests to Colas and Suit-Kote.
June 2026: CRH announced the intention to acquire Arcosa Inc.
October 13, 2026: Settlement filings were finalized for Colas and Suit-Kote in New York and Pennsylvania.
October 20, 2026: A settlement filing was finalized for CRH and Arcosa in New Jersey.

Market Landscape

The shift toward state-level referrals marks an evolution in how federal regulators enforce the Sherman Antitrust Act to manage competition in essential construction markets. This strategy allows the Justice Department to target localized competitive threats through existing state-level frameworks rather than relying solely on federal litigation.

These divestitures are designed to maintain competitive pricing for asphalt in regional construction markets by preventing market consolidation. Local businesses and municipal agencies may see fewer disruptions in supply and procurement as these competition concerns are resolved.

The takeaway

Antitrust enforcement in the construction materials sector is increasingly leveraging local cooperation to address market-specific issues efficiently. Readers in the construction industry should track ongoing state-level regulatory filings to identify shifts in local vendor availability.