The fate of Kroger and Albertsons’ pending $24.6 billion merger is in the hands of the courts — both federal and state.
Currently, Kroger and Albertsons are gearing up for three upcoming legal face-offs between the Washington state attorney general, the Colorado state attorney general and the Federal Trade Commission.
Each court case — federal or state — has the potential to block Kroger and Albertsons’ mega-merger on the grounds that it would negatively impact industry competition nationwide and hurt essential workers. The cases also question the stability of the proposed divestiture deal the grocers’ have established with C&S Wholesale Grocers.
In an emailed statement, Kroger emphasized its case that joining with Albertsons would offer “lower prices and more choices for more customers in more communities, long-term job security, higher wages and more industry-leading benefits for associates, and a strong unionized workforce.” The grocer noted its divestiture plan with C&S would do the same as well as ensure “zero stores will close as a result of the merger.”
Here is a roundup of each federal and state court case Kroger and Albertsons are up against over the next two months.
Aug. 26
The Federal Trade Commission versus Kroger, Albertsons
In February, the FTC filed a federal lawsuit that aims to prevent Kroger and Albertsons from proceeding with their merger plans. Nine attorneys general — Arizona, California, Illinois, Maryland, Nevada, New Mexico, Oregon, Wyoming and Washington, D.C., — have joined the complaint.
The hearing is scheduled for Aug. 26 in the U.S. District Court for the District of Oregon in Portland.
Sept. 16
Washington Attorney General Bob Ferguson versus Kroger, Albertsons
In April, a state judge denied Kroger’s motion to dismiss the lawsuit brought by Ferguson seeking to block the merger, allowing the lawsuit to move forward.
The trial is scheduled to begin Sept. 16, according to court documents.
Sept. 30
Colorado Attorney General Phil Weiser versus Kroger, Albertsons
Last month a Colorado judge issued an order temporarily blocking Kroger and Albertsons’ proposed deal and granting the state’s request for a preliminary injunction.
The grocery giants agreed not to consummate the merger until the state court rules on the lawsuit.
The judge also canceled a hearing scheduled for Aug. 12. The trial is set to begin Sept. 30.
Editor’s note: This story has been updated to include comments provided by Kroger.
