Kroger and Albertsons head to court to defend merger plan against US regulators' objections

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Kroger and Albertsons will defend their plan to merge in a hearing scheduled to begin Monday in federal court in Oregon. In October 2022, the chains proposed what would be the largest supermarket merger in U.S. history. They say joining together would help them compete with big rivals like Walmart and Costco.

FILE - Mitch Maddox, a bread route salesman, loads bread outside the Eagle Rock Albertsons store in Los Angeles, May 30, 2006. FILE - A customer exits a Kroger fueling center on June 26, 2019 in Flowood, Miss. FILE - Mitch Maddox, a bread route salesman, loads bread outside the Eagle Rock Albertsons store in Los Angeles, May 30, 2006. FILE - Mitch Maddox, a bread route salesman, loads bread outside the Eagle Rock Albertsons store in Los Angeles, May 30, 2006.

The FTC is seeking a preliminary injunction that would block the merger while its complaint goes before an in-house administrative law judge. In a three-week hearing set to begin Monday, U.S. District Judge Adrienne Nelson is expected to hear from around 40 witnesses, including the CEOs of Kroger and Albertsons, before deciding whether to issue the injunction.

The attorneys general of Arizona, California, the District of Columbia, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming all joined the case on the FTC’s side., based in Boise, Idaho, operates 2,273 stores in 34 states, including brands like Safeway, Jewel Osco and Shaw’s. Together, the companies employ around 710,000 people.

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