New Jersey requires sale of five asphalt plants as part of proposed $8 billion merger
TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport announced that the state has filed a proposed consent judgment requiring the sale of several asphalt plants, including facilities in Hunterdon, Somerset, Middlesex, Monmouth and Mercer counties, as part of a proposed multibillion-dollar merger between CRH PLC and Arcosa Inc.
The agreement is intended to preserve competition in the market for hot-mix asphalt, a material used to construct and repair roads throughout New Jersey. CRH announced plans in June to acquire Arcosa for more than $8 billion.
Under the proposed settlement, multiple hot-mix asphalt plants would have to be sold before the merger could proceed, including facilities in Flemington, South River, Hillsborough, Howell and Pennington.
“By requiring the sale of these asphalt plants before the merger can proceed, we are ensuring that New Jersey taxpayers are protected from the higher prices that would almost certainly result from a near monopoly in this market,” said Attorney General Davenport. “This agreement keeps the market competitive and safeguards the millions of public dollars spent every year on road infrastructure.”
According to a complaint filed alongside the proposed consent judgment, CRH and Arcosa would control approximately 75% of the New Jersey Department of Transportation-approved hot-mix asphalt supply across Mercer, Hunterdon, Somerset, Middlesex and Monmouth counties if the acquisition proceeded without conditions.
State officials allege that such a concentration of market control would eliminate significant competition between the companies, potentially increase asphalt prices and raise the cost of publicly funded road construction and repair projects.
The Attorney General’s Office said the asphalt industry presents substantial barriers for new competitors because establishing a production facility requires significant time and financial investment. New companies would need to acquire suitable property near an aggregate quarry, construct a plant, obtain land-use and environmental permits, and secure NJDOT approval for each asphalt mixture produced.
Without the required sale of existing facilities, state officials contend that the merger could result in higher costs for road infrastructure projects or significant delays as new competitors attempt to enter the market.
The proposed settlement gives New Jersey sole discretion to approve buyers of the asphalt plants being sold. According to the Attorney General’s Office, the requirement is designed to ensure the facilities are acquired by viable competitors capable of maintaining competition in the regional asphalt market.
The complaint and proposed final judgment were filed Oct. 20, 2026, in the U.S. District Court for the District of New Jersey.
The settlement is awaiting judicial approval.
