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ARTICLE · 23 OCTOBER 2026

Merger Challenges: Continued Increase In State-Level Scrutiny

Ballard Spahr LLP
Ballard Spahr LLP
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The Pennsylvania and New Jersey Attorneys General have independently filed lawsuits challenging asphalt-industry mergers, marking a significant shift in state-level antitrust enforcement. Both cases were swiftly resolved through negotiated divestitures, demonstrating that state attorneys general are increasingly willing to act as frontline merger enforcers without federal agency involvement.

United StatesAntitrust/Competition Law
Jason Leckerman
Jason Leckerman
Haesun K. Burris-Lee
Haesun K. Burris-Lee
Habiba Cheema
Habiba Cheema
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Summary

In a rare move, the Pennsylvania and New Jersey Attorneys General have each filed a lawsuit to challenge asphalt-industry mergers, and each moved quickly to a negotiated divestiture. Together, the actions signal that the states’ attorneys general are willing to act independently as merger enforcers.

The Upshot

  • Within a week of one another, the Pennsylvania and New Jersey Attorneys General each sued on their own authority to challenge mergers alleged to harm consumers through lost competition, higher prices, reduced quality, and fewer competitive bids for municipalities.
  • Pennsylvania resolved its case through a consent Final Order requiring divestiture of facilities at issue. New Jersey filed its complaint and a proposed consent judgment requiring divestiture of certain plaints at issue the day after the Pennsylvania Final Order was entered.

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