CRH plc, Oldcastle, Inc., Oldcastle Architectural, Inc., Robert Schlegel, and Pavestone Company, L.P., In the Matter of

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In the Matter of CRH plc, a corporation; Oldcastle, Inc., a corporation; Oldcastle Architectural, Inc., a corporation; Robert Schlegel, an individual; and Pavestone Company, L.P., a limited partnership.
FTC Matter/File Number:

081 0148

Docket Number:

9335

Enforcement Type:

Federal Injunctions

Federal Court:
District of Columbia

Case Summary

In January 2009, the Commission issued an administrative complaint to challenge Oldcastle Architectural’s (a subsidiary of CRH) proposed $540 million acquisition of Pavestone Companies as anticompetitive in the US market for drycast concrete hardscape products sold to retailers such as The Home Depot, Lowe’s, and Wal-Mart Stores. According to the complaint, the acquisition would reduce competition by combining the only two companies capable of the national manufacture and sale of these heavy products, which include concrete pavers, segmented retaining wall blocks, and concrete patio products, due to the difficulty in distribution of such products, and the fact that both Oldcastle and Pavestone already possess large distribution networks. The acquisition as proposed would result in Oldcastle gaining a 90% market share for the manufacture and sale of these drycast products to home centers in the United States. In addition to the administrative complaint, the Commission authorized staff to file a complaint in Federal District Court for the District of Columbia seeking a temporary restraining order and preliminary injunction to prevent consummation of the proposed transaction pending an administrative trial on the merits. On January 29, 2009, since the respondents announced that they decided not to proceed with the proposed merger the Commssion dismissed the Administrative Complaint.