Albertsons Backs Out of Merger Deal and Sues Kroger After Court Rulings
The New York Times
The supermarket chain had tried to join forces with Kroger, but judges sided with federal and state regulators who charged that the merger would reduce competition.
The grocery chain Albertsons said on Wednesday that it had backed out of its $25 billion merger with Kroger and sued its rival for failing to adequately push for regulatory approval, after both a federal and state judge blocked the deal on Tuesday.
The deal, which would have been the biggest grocery store merger in U.S. history, faced three separate legal challenges — one filed by the Federal Trade Commission — over concerns that the combined company would reduce competition and raise prices. Judge Adrienne Nelson of U.S. District Court for the District of Oregon temporarily halted the deal on Tuesday, siding with federal regulators who have argued that the merger would lessen competition at the expense of consumers and workers.
Another decision blocking the merger in Washington State court, issued by Judge Marshall Ferguson just one hour later, added to the hurdles facing the companies.
“Given the recent federal and state court decisions to block our proposed merger with Kroger, we have made the difficult decision to terminate the merger agreement,” Vivek Sankaran, chief executive of Albertsons, said in a statement. “We are deeply disappointed in the courts’ decisions.”
On Wednesday, Albertsons also said it filed a lawsuit against Kroger in the Delaware Court of Chancery, seeking billions of dollars in damages and accusing Kroger of failing to exercise “best efforts” to secure regulatory approval. Kroger refused to divest assets necessary for antitrust approval, ignored regulators’ feedback and rejected strong buyers of stores it had planned to divest, Albertsons said in a statement announcing the lawsuit.
Erin Rolfes, a spokeswoman for Kroger, disputed Albertsons’s claims, calling them “without merit.” Albertsons breached the merger agreement multiple times, she said in a statement, and the company filed the lawsuit in an attempt to deflect responsibility and seek payment for the merger’s termination fee.
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