CRH and Colas must sell asphalt plants in New York, Pennsylvania and New Jersey to close their deals

The Justice Department's Antitrust Division said Oct. 29 it had closed its reviews of both deals after referring them to the states. Federal investigators found the competition problems were limited to local asphalt markets and let state attorneys general negotiate the remedies. The division said it takes no position on the settlement terms.

New Jersey Attorney General Jennifer Davenport alleged that the combined company would control about 75% of NJDOT-approved hot-mix supply in Mercer, Hunterdon, Somerset, Middlesex and Monmouth counties. The settlement requires sales of plants including those in Flemington, South River, Hillsborough, Howell and Pennington, and the state alone approves the buyers. Her office said a new rival would need land near an aggregate quarry, permits, a plant and NJDOT approval for every mix. The complaint and proposed judgment were filed in federal court Oct. 20 and await a judge's approval.

Colas, a subsidiary of France's Bouygues, will sell three Suit-Kote sites in New York state, in Belmont, Buffalo and Jamestown, plus a Colas site in Bloomsburg, Pennsylvania, to one approved buyer. Both companies make asphalt emulsions and do chip sealing, micro-surfacing and milling for PennDOT and local governments. They also agreed to spend up to $6.5 million adding an emulsion mill, storage and equipment at Bloomsburg and up to $3.5 million on equipment at Belmont, Pennsylvania Attorney General Dave Sunday's office said. New York settled through an assurance with the companies, and the Pennsylvania settlement still needs court approval.