By Joseph M. Rancour Tara L. Reinhart and Justine M. Haimi
Source: Skadden

On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. in the U.S. District Court of Oregon to try to block their $24.6 billion merger.

The complaint alleges several harms to consumers resulting from loss of head-to-head competition between Kroger and Albertsons in local markets for grocery stores, which plaintiffs contend cannot be resolved through a proposed divestiture. It also alleges harms to unionized grocery store workers, highlighting the Biden administration’s continued focus on labor markets.

The suit was joined by eight states — Arizona, California, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming — and the District of Columbia.

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