# DOJ Refers Asphalt Merger Reviews to States

The U.S. Department of Justice referred three asphalt-merger reviews to state attorneys general, which negotiated settlements requiring facility divestitures in local markets. The cases show that when competition concerns are concentrated locally, state authorities may lead reviews and seek remedies. California’s broadly applicable mini-HSR law takes effect **January 1, 2027 (in 51 days)**, adding a near-term consideration for companies planning covered transactions.

- Companies pursuing acquisitions with local market overlap should assess the potential for state-led investigations and facility-divestiture remedies, in addition to federal review.
- Acquirers should evaluate applicable state merger-filing obligations; California’s new law becomes effective January 1, 2027.
- Asphalt producers and other businesses with geographically concentrated facilities may need to account for local-market effects when assessing deal structure and transaction risk.

**Jurisdictions:** federal
**Industries:** Construction & Infrastructure
**Topics:** Regulatory Compliance, Policy
**Published:** November 10, 2026

### Government Entities
- U.S. Department of Justice (DOJ)
- New York Attorney General
- Pennsylvania Attorney General
- New Jersey Attorney General
- Federal Trade Commission (FTC)

### Vendors
- Colas Inc. (acquirer)
- Suit-Kote Corporation (acquisition target)
- CRH plc (acquirer)
- Arcosa Inc. (acquisition target)
- CalPortland Company (acquirer)

### Sources
- [DOJ paves the way for state-led review of local asphalt mergers | McDermott Will & Schulte - JDSupra](https://www.jdsupra.com/legalnews/doj-paves-the-way-for-state-led-review-6830436) - JD Supra