# New York and Pennsylvania Require Asphalt Divestitures

New York and Pennsylvania antitrust authorities negotiated a proposed settlement addressing Colas Inc.’s acquisition of Suit-Kote Corporation, which officials say could reduce competition in asphalt emulsions and pavement-preservation services. Pending court approval, Colas must divest four facilities to a single qualified buyer approved by New York’s Attorney General. The remedy includes up to $3 million in mill financing and optional equipment support of up to $3.5 million at each of two sites—up to $10 million combined. The divestiture timetable begins after the acquisition closes, creating a potential asset-acquisition opportunity while aiming to preserve supplier capacity for PennDOT, municipalities, and commercial buyers in western New York and Pennsylvania.

- Prospective buyers should assess whether they can acquire and operate the four facilities; the purchaser must be qualified and approved by New York’s Attorney General.
- Roadwork contractors, asphalt suppliers, and public works buyers may find the divestiture relevant to local supplier availability and competition for pavement-preservation work.
- The financing and optional equipment support may help the buyer maintain or build operating capacity at the affected sites.

**Jurisdictions:** sled
**Industries:** Construction & Infrastructure
**Topics:** Physical Infrastructure, Regulatory Compliance
**Published:** October 20, 2026

### Government Entities
- New York Attorney General's Office
- Pennsylvania Office of Attorney General
- Pennsylvania Department of Transportation (PennDOT)

### Vendors
- Colas Inc. (Acquirer required to divest four facilities)
- Suit-Kote Corporation (Acquisition target)

### Key Quotes
> Protecting competition in this industry will ensure New Yorkers’ tax dollars are spent fairly and asphalt companies will continue to provide high-quality services to our towns and counties.
> — Letitia James, Attorney General

> It will protect critical roadway infrastructure in central and western Pennsylvania and preserve the government funds that pay for it.
> — Dave Sunday, Attorney General

### Sources
- [Asphalt merger settlement requires sales to preserve road-repair competition in western New York](https://www.fingerlakes1.com/2026/10/20/asphalt-merger-settlement-requires-sales-to-preserve-road-repair-competition-in-western-new-york) - Fingerlakes1.com
- [AG Sunday’s Antitrust Section Takes Action to Preserve Competition for Asphalt in Central and Western Pa. Following Companies Merger - PA Office of Attorney General](https://www.attorneygeneral.gov/taking-action/ag-sundays-antitrust-section-takes-action-to-preserve-competition-for-asphalt-in-central-and-western-pa-following-companies-merger/) - Attorney General