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Kroger and Albertsons to Defend Merger in Federal Court Amid FTC Challenge

Proposed Supermarket Merger Faces Opposition About Lack of Competition

Kroger and Albertsons will defend their proposed merger in federal court starting Monday in Oregon, facing opposition from the U.S. government. The hearing, which could determine the fate of the largest supermarket merger in U.S. history, will see both companies attempt to counter the Federal Trade Commission’s (FTC) objections.

The merger, first proposed in October 2022, aims to create a grocery giant capable of competing with industry leaders like Walmart and Costco. Kroger and Albertsons argue that the merger would allow them to reduce costs and enhance their competitive edge.

However, the FTC has sued to block the deal, arguing that it would reduce competition and lead to higher grocery prices, particularly when food prices are already high. The FTC also contends that the merger would negatively impact the quality of service and result in lower wages and benefits for workers as competition between the two companies diminishes.

The FTC seeks a preliminary injunction to halt the merger while the case proceeds before an in-house administrative law judge. U.S. District Judge Adrienne Nelson will preside over the three-week hearing, which is expected to feature testimony from around 40 witnesses, including the CEOs of Kroger and Albertsons. Judge Nelson’s decision on whether to grant the injunction could be pivotal in the merger’s outcome.

The case has garnered support from several state attorneys general, including those from Arizona, California, the District of Columbia, Illinois, Maryland, Nevada, New Mexico, Oregon, and Wyoming, who have joined the FTC in opposing the merger.

Kroger, headquartered in Cincinnati, Ohio, operates 2,800 stores across 35 states under various banners, including Mariano’s, Ralphs, Smith’s, and Harris Teeter. Combined, Kroger and Albertsons employ approximately 710,000 people.

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