Official FTC announcements and public records

Kroger Sues FTC to Block $25 Billion Albertsons Merger, Citing Unconstitutional Review

Aug 19, 2024, 08:17 PM

Kroger has filed a lawsuit against the U.S. Federal Trade Commission (FTC) in an attempt to block the regulator's review of its proposed $25 billion merger with Albertsons. The grocery chain is challenging the FTC's decision to conduct the review through its in-house tribunal, which Kroger argues is unconstitutional. This legal action was initiated in the U.S. District Court, Southern District of Ohio, where Kroger filed a motion for a preliminary injunction to halt the FTC's administrative proceedings. The FTC has been accused by Kroger of splitting the merger challenge into two tribunals, while the FTC has also accused Albertsons executives of deleting text messages related to the merger. Kroger claims that the FTC's process could take years to reach a final decision, potentially hindering the merger. Kroger also sued Lina Khan, the FTC Chair, as part of its legal strategy.