Kroger's Merger Fight Could Reshape How Agencies Decide Big Cases

is poised to do more than change the signs and prices at your supermarket. As the grocery giants fight with attorneys general in several states, a pivotal showdown with theKroger and Albertsons’s $24.6 billion plan to join forces is a relatively simple one. The grocery chains are eyeing big-box stores, such as Walmart, Target, and Costco, edging in on the supermarket business as a threat to their viability.

“Kroger contends that the merger should be adjudicated in federal court, rather than handled by in-house Administrative Law Judges , which often are criticized for favoring the legal positions of the agency,” Kaelan explained this morning. This practice isn’t without backers. Labor union leaders are supportive of the FTC’s aims in the Kroger merger, arguing that workers’ wages will be negatively affected if the deal is allowed.

“In other words, if the grocery chain does not get its way, then the chain’s constitutional challenge in Ohio federal court serves as a backup that could take a legal sledgehammer to the regulatory power house,” he added. Unfortunately for him, Harris recognized her weakness running as a continuation of an unpopular president. Biden fell behind Trump in polling far enough that trying to sell voters on more of the same looked like a dead end.

“For most of the 2024 cycle, concerns over mental acuity were squarely focused on Biden, culminating in a June debate at which he struggled to complete his thoughts,” Naomi wrote. “But with Harris now at the top of the ticket, she is attempting to shake the idea that she is the incumbent in the race by making Trump’s own age a liability.”

For the rest of the evening, Harris inserted herself under Trump’s skin, forcing him to come off as angry and irritable rather than the disciplined debater he was during Biden’s June 27 meltdown.

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