Case Description
In October 2026, the Pennsylvania Attorney General’s Office filed a complaint and proposed final order to address competitive concerns arising from the proposed acquisition of Suit-Kote Corporation by Colas Inc. The complaint alleged that the proposed transaction was likely to substantially lessen competition in the provision or asphalt emulsions and pavement preservation services in several counties in western and central Pennsylvania and would reduce the number of competitive alternatives to government purchasers, resulting in higher prices for these products and services. The complaint alleged that the transaction violated Section 7 of the Clayton Act.
In the proposed final order that would settle these claims, Colas would be required to divest four facilities owned by Colas and Suit Kote to a single buyer, as well as making various investments in one of the facilities marked for divestiture. On October 19, 2026 the court approved the Final Order.
In October 2026, the New York Attorney General’s Office also entered into an Assurance of Discontinuance to address concerns that the proposed acquisition would substantially lessen competition in the market for turnkey payment preservations services in several areas of Central and Western New York. The Assurance of Discontinuance requires the parties to complete the same divestitures and investments that is contained in the Final Order.