Case Details

Year Initiated/Committed

2017

Settlement Amount

n/a

Court

Circuit Court of Kanawha County, West Virginia

Docket Number

17-C-41

Lead State

WV

Participating States

WV

Defendant(s)

CRH, PLC; Oldcastle, Inc.; Oldcastle Materials, Inc.; West Virginia Paving, Inc.; Southern West Virginia Paving, Inc.; Southern West Virginia Asphalt, Inc.; Kelly Paving, Inc.; Camden Materials, LLC; American Asphalt & Aggregate, Inc.; American Asphalt Of West Virginia, LLC; Blacktop Industries and Equipment Company

Case Description

CRH, PLC, through its subsidiary Oldcastle, is the largest producer of asphalt and the third-largest producer of aggregate in the U.S. the complaint alleges that through a series of acquisitions and anticompetitive actions, CRH has effectively exercised significant market power in West Virginia aggregate and asphalt markets. The conduct alleged includes inducing boycotts against competitors, threatening to put new competitors out of business; mandating statewide covenants not to compete for up to 10 years from competitors. The state alleged that CRH’s conduct has significantly increased prices for state road paving contracts in the three markets in the state between 2010 and 2014. the complaint included counts of violations of W.Va. Code 47-18-3 (restraint of trade); W.Va. Code 47-18-4 (monopolization and attempt to monopolize) and unjust enrichment. the complaint seeks injunctive relief, treble damages, disgorgement and restitution, divestiture; civil penalties and costs,