Kroger fights antitrust case as missing 'real-world' details


Kroger, Albertsons merger is nice for middle-class residing: Burt Flickinger

Strategic Sources Group managing director Burt Flickinger analyzes the merger between grocery store giants Kroger and Albertsons on ‘The Claman Countdown.’

Meals and drug retailer Kroger Co on Wednesday requested a U.S. choose to dismiss as “speculative” a shopper antitrust lawsuit alleging the corporate’s proposed $24.6 billion acquisition of rival Albertsons Firms Inc would reduce grocer competitors and drive up costs.

Legal professionals for Kroger mentioned in a submitting in California federal court docket that the grocery retailer customers who sued over the deal have didn’t outline the related market mandatory to judge grocery retailer competitors and to determine how the acquisition would harm customers. The attorneys mentioned the lawsuit was missing “real-world details.”

U.S. competitors legislation “doesn’t flip each grocery retailer shopper within the nation right into a roving antitrust enforcer,” legal professionals for Kroger advised U.S. District Choose Vince Chhabria.

Kroger delivery van

An undated handout photograph reveals a Kroger car delivering groceries within the U.S. obtained by Reuters on June 15, 2022. Kroger/Handout through REUTERS (Reuters Photographs)

A listening to is scheduled for Might 18.


An Albertsons spokesperson declined to remark, and representatives for Kroger didn’t instantly reply to comparable messages.

Ticker Final Change Change % KR 46.65 -0.40 -0.85percentACI 20.69 +0.06 +0.29%

The swimsuit from 25 customers in states together with California, Texas and Florida was filed amid the Federal Commerce Fee’s evaluation of Kroger’s proposed acquisition. State antitrust enforcers are also wanting on the deal.

U.S. antitrust legislation permits non-public actions towards mergers and acquisitions.

A lawyer for the plaintiffs didn’t instantly reply to a message in search of remark.


Portland, OR, USA – June 30, 2021: A client enters an Albertsons grocery retailer and its Sav-on pharmacy in Portland, Oregon. (iStock / iStock)

Kroger’s attorneys mentioned in Wednesday’s submitting that “the proposed merger is within the early levels of regulatory evaluation and, as part of that course of, defendants anticipate to divest numerous shops.”


Attorneys for Albertsons individually requested the choose to dismiss a declare within the lawsuit difficult the propriety of a $4 billion particular dividend that the corporate paid to shareholders.

grocery shopping

Buyers are seen in a Kroger grocery store on October 14, 2022, in Atlanta, Georgia. ELIJAH NOUVELAGE/AFP through Getty Pictures (ELIJAH NOUVELAGE/AFP through Getty Pictures / Getty Pictures)

A gaggle of state attorneys basic failed in state and federal courts to dam the fee, which they alleged would weaken Albertsons, and Albertsons paid the dividend in January.

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The deal would convey practically 5,000 shops beneath one company umbrella.

Kroger controls shops beneath banners together with Harris Teeter, Pay Much less and King Soopers, and shops beneath the Albertsons umbrella embrace Balducci’s, Shaw’s, Kings and Safeway.

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