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Kroger Wants Antitrust Suit Over Albertsons’ Merger Dismissed

 |  April 16, 2023

Kroger has requested the dismissal of a consumer antitrust lawsuit in the United States regarding their acquisition of competitor retailer Albertsons Companies.

A consumer lawsuit filed document obtained by Reuters claims that the proposed acquisition would lead to higher prices and less competition in the grocery market.

Kroger has responded to the accusations by stating they are “speculative”.

Documents presented by the company’s legal team in California’s federal court have noted that the grocery store customers have not presented a distinct and applicable market that is necessary for evaluating competition within the grocery store industry.

Read more: Kroger Albertsons Merger Will Hurt Farmers

As part of the regulatory review process for the proposed merger, Kroger has stated that they anticipate divesting several stores.

The lawyers stated that the customers have not provided evidence on how the $24.6bn merger would negatively impact them.

The attorneys representing Kroger noted that the lawsuit lacks factual basis.
Addressing US District Judge Vince Chhabria, Kroger lawyers said: “US competition law does not turn every grocery store consumer in the country into a roving antitrust enforcer.”

The associated case hearing is scheduled to take place on 18 May. In October 2022, the two retail giants announced the signing of an initial definitive merger agreement.

The $24.6bn deal is now subject to necessary regulatory clearances, HSR clearance and related customary closing conditions.