West Virginia ex rel. Morrisey v. CRH, PLC, No. 17-C-41 (Cir. Ct. Kanawha Cty. Jan. 11, 2017)

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,

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Maine v. Pike Industries, Inc.

Plaintiff state challenged merger of two aggregate and hot mix asphaltcompanies which would allegedly reduce competition for paving projects in southern Maine. Pke, the acquiring company, agreed to 1. Sell stone mined from its Westbrook Quarry in sizes appropriate for use in specified Maine governemtn projects to any firm intending to use the stone to produce hot mix for use in those projects for the next four years and at a price not to exceed the price it charged in 2006, adjusted annually; 2. Enter into an agreement (subject to AG involvement) permitting any firm performing a State of Maine Department of Transportation project to locate a portable hot mix plant into Pike’s Westbrook Facility also for the next four years;
3. Provide written notice to the Attorney General at least sixty (60) days prior to acquiring an ownership or controling interst in aggregate resources or hot mix asphalt
plants located in the State of Maine from firms engaged in the building and maintenance of roads; and pay $20,000 in investigative costs.

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County of Orange v. Sullivan Highway Products, Inc.; 1989-2 Trade Cas. (CCH) PP 68,815, 68,880 (S.D.N.Y 1989)

Defendants liable for damages after engaging in a conspiracy to rig bids with respect to contracts for the sale or sale and application of asphalt in violation of federal and state antitrust laws.

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New York v. Yonkers Contracting Co., 90 Civ. 3779 (CES) (S.D.N.Y. June 4, 1990), 1991 WL 120255 (S.D.N.Y. June 24, 1991),.88 Civ. 2952 (CES) (S.D.N.Y. April 27, 1988), 87 Cr 0560 (S.D.N.Y., June 25, 1987)

Defendants conspired to rig bids with respect to contracts for the sale or sale and application of asphalt in violation of federal and state antitrust laws. Settlement for $2,000,000

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Utah v. Oldcastle, Inc. (Civ. No. 2:02CV0516J (D.Utah 2002)

State of Utah sought to enjoin Oldcastle from purchsing major competitor, U.S. Aggregates, alleging the merger would tend to create a monopoly and potentially result in higher asphalt prices along the Wasatch Front in Utah

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Delaware v. Mid-Atlantic Paving Company, Inc., No. 7197, (Del. Ch. filed Jun. 1, 1983)

Delaware sought civil penalties, equitable relief, damages, fees and costs, alleging Defendant, Mid-Atlantic Paving Company, Inc., participated in conspiracies to rig bids in connection with the supply of liquid asphalt in the State of Delaware.

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Delaware v. The Lansdell Corp. of Md., Inc., No. 7174, (Del. Ch. filed Apr. 29, 1983)

Delaware sought civil penalties, equitable relief, damages, fees and costs, alleging Defendant, The Lansdell Corporation of Maryland, Inc., participated in conspiracies to rig bids in connection with the supply of liquid asphalt in the State of Delaware

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Delaware v. Emulsion Products Company., Inc., No. 7198, (Del. Ch. filed Jun. 1, 1983)

Delaware sought civil penalties, equitable relief, damages, fees and costs, alleging Defendant, Emulsion Products Company, Inc., participated in conspiracies to rig bids in connection with the supply of liquid asphalt in the State of Delaware.

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Delaware v. Better Roads Corp., No. 7199, (Del. Ch. filed Jun. 1, 1983)

Delaware sought civil penalties, equitable relief, damages, fees and costs, alleging Defendant, Better Roads Corp., participated in conspiracies to rig bids in connection with the supply of liquid asphalt in the State of Delaware.

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Delaware v. The Asphalt Service Company, No. 7180, (Del. Ch. filed May 5, 1983)

Delaware sought civil penalties, equitable relief, damages, fees and costs, alleging Defendant, the Asphalt Service Company, participated in conspiracies to rig bids in connection with the supply of liquid asphalt in the State of Delaware.

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