Antitrust & Trade Reg.
Aug. 3, 2023
Antitrust suit against Kroger-Albertsons merger dismissed
The grocery chains argued in filings that no court has ever enjoined a merger when individuals have challenged it months before its planned consummation date while multiple governmental entities are in the process of reviewing it.
A federal judge in San Francisco dismissed without prejudice a consumer antitrust lawsuit against the merger deal between Albertsons Companies Inc. and Kroger Co. for being premature and lacking standing.
"Although the proposed merger may be concerning from an antitrust perspective, the plaintiffs have not come close to providing the information necessary to determine whether concern is truly warranted," U.S. District Judge Vince Chhabria wrote in his order Wednesday.
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