The U.S. Department of Justice (DOJ) said states can lead merger reviews when competition concerns are confined to local markets, using asphalt cases to explain how it divides antitrust work with state attorneys general.
In an Oct. 29 update, the DOJ said federal officials generally direct resources toward regional or national matters. State attorneys general can take the lead when potential effects are limited to their state or the state is a direct purchaser that could be harmed. The department said it may still investigate a local transaction if it raises a competition issue of national significance. The update gave no formal referral test or market-share cutoff.
For the Colas Inc. acquisition of Suit-Kote Corporation, the DOJ said it opened an investigation and issued second requests to the companies in October 2025, then referred the matter to New York and Pennsylvania after identifying local concerns. New York Attorney General Letitia James' Oct. 19 statement said the DOJ had ended its review before the states continued their investigations. The accounts describe the federal role differently and do not explain the difference.
The settlement calls for the sale of four facilities: Suit-Kote sites in Belmont, Buffalo and Jamestown, New York, and a Colas site in Bloomsburg, Pennsylvania. Pennsylvania Attorney General Dave Sunday said the companies also agreed to invest up to $6.5 million in the Bloomsburg facility and up to $3.5 million in pavement-preservation equipment at the Belmont site. Colas said it completed the acquisition on Oct. 15 and would carry out the required post-closing remedies.
In New Jersey, the DOJ said its review of CRH plc's acquisition of Arcosa Inc. narrowed to a local hot-mix asphalt market before it referred the matter to the state. New Jersey's attorney general said a proposed settlement covers plants in Flemington, South River, Hillsborough, Howell and Pennington. The state's complaint alleged that without conditions, the companies would control roughly 75% of the hot-mix asphalt supply approved by the New Jersey Department of Transportation across five counties. CRH said it completed the acquisition on Oct. 23 at an enterprise value of about $8.5 billion.
New Jersey's attorney general said weaker competition could increase costs for local governments and taxpayers, and described entry barriers that include substantial investment, suitable land, permits and approval of asphalt mixes. The warning concerned potential harm; the announcements did not report realized price increases. The DOJ also pointed to consent decrees it has worked on with California and Tennessee since January 2026 in cement and asphalt matters.
