Civil Litigation,
Antitrust & Trade Reg.
Aug. 26, 2024
Kroger challenge to FTC in-house hearings 'has legs,' lawyers say
"The administrative proceeding violates Article III of the U.S. Constitution because the FTC intends to adjudicate Kroger's private rights within the partisan executive branch rather than the independent judiciary," the grocery store's attorneys wrote.
The Kroger Co.'s constitutional challenge to the Federal Trade Commission's authority to decide whether it can merge with Albertsons Companies Inc., owner of many California grocery stores, follows a series of U.S. Supreme Court decisions that limit the powers of administrative agencies.
The complaint for injunctive and declaratory relief, filed in the Southern District of Ohio last week, seeks to capitalize on those rulings and a trend at the U.S. Supreme Court against t...
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