West Virginia asphalt interests settle $100M antitrust suit

Sources: West Virginia Governor and Attorney General Offices; CP staff

West Virginia and six local governments have closed a case of alleged trade restraint, monopolization and attempts to monopolize markets involving 11 defendants tied to state Department of Transportation and city or county asphalt supply and paving contracts. Denying wrongdoing and avoiding protracted litigation, lead and co-defendants agreed to a $30.35 million payment to the state and local governments, plus $71 million in credits that can be applied to current payables or road work through 2027.

“This settlement means another $100 million that we’ll be able to invest in continuing to repair and maintain roads all across West Virginia,” says Governor Jim Justice. “We have made incredible progress over the last few years with my Roads To Prosperity program and Secondary Roads Maintenance Initiative.” 

“This means many more roads will be paved,” adds Attorney General Patrick Morrisey, whose office filed suit in 2017, citing how acquisitions or non-compete agreements were used to eliminate competitors and push asphalt prices higher. “Our settlement will go a long way to restore competition and recoup road funds to the benefit of every taxpayer who pays for and drives West Virginia’s roads.”

“The West Virginia Division of Highways is responsible for roughly 36,000 miles of roadway. Every dollar we can get will help us continue to repair and pave all of our hills and hollers,” notes WVDOT Secretary Byrd White.

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