Albertsons announced Wednesday that it has given up its merger with Kroger and has filed a lawsuit against the grocery chain. Albertsons filed a lawsuit against Kroger, alleging willful breach of contract in their merger agreement. The complaint, temporarily under seal, accuses Kroger of failing to meet regulatory obligations, including refusing necessary divestitures and disregarding feedback from regulators.
This is clearly an attempt to deflect responsibility following Kroger’s written notification of Albertsons’ multiple breaches of the agreement, and to seek payment of the merger’s break fee, to which they are not entitled.Kroger looks forward to responding to these baseless claims in court. We went to extraordinary lengths to uphold the merger agreement throughout the entirety of the regulatory process and the facts will make that abundantly clear.
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