The West Virginia Department of Transportation (DOT) and Division of Highways filed an antitrust suit today against a group of asphalt companies that have worked together to create a monopoly that has driven up asphalt prices in West Virginia by as much as 40 percent.

The suit alleges that the defendants — including West Virginia Paving, Southern West Virginia Paving, Southern West Virginia Asphalt, Kelly Paving and others — are no longer competing but instead have worked together to create a de facto monopoly that allows them to charge inflated prices.

With the assistance of one of the nation’s leading antitrust consulting firms, the DOT’s Legal Division has identified a pattern of questionable conduct among certain asphalt manufacturers and paving contractors that has strangled competition, compromised quality, and resulted in millions of dollars of improper charges by many asphalt contractors.

The DOT’s suit was filed in Kanawha County Circuit Court by attorneys Ben Bailey and Mike Hissam, former federal prosecutors and partners at Bailey & Glasser LLP in Charleston.

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