Albertsons Sues Kroger After Judge Blocks $25 Billion Merger

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Acquisition News

Merger,Ftc,Antitrust

A federal judge blocked the deal and sided with the Federal Trade Commission, which raised antitrust concerns over the merger.

Grocery store chain Albertsons formally terminated nearly $25 billion merger agreement with rival Kroger on Wednesday, a day after a federal judge blocked the deal—with Albertsons filing a lawsuit accusing Kroger of failing to win regulatory approval for the agreement.Kroger of willful breach of contract, breach of the covenant of good faith and fair dealing, alleging the grocer failed to exercise “best efforts” to take “any and all actions” to secure regulatory approval for their merger.

Kroger breached the merger agreement by refusing to divest assets necessary for antitrust approval, ignoring feedback from regulators, rejecting divesture buyers and failing to cooperate with Albertsons, the company claims.

The FTC argued alongside eight states including California and Illinois that the proposed merger would give Americans who are already contending with: We’re launching text message alerts so you'll always know the biggest stories shaping the day’s headlines. Text “Alerts” to 335-0739 or sign up here.$600 million. That’s how much Albertsons says it will seek in termination fees after the scrapped agreement.

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