Federal judge halts Kroger-Albertsons merger amid antitrust concerns

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Attorney General Aaron D. Ford | Nevada Attorney General Office

Nevada Attorney General Aaron D. Ford has expressed approval following a federal judge's decision to halt the merger between Kroger and Albertsons, two of the largest supermarket chains in the United States. The judge found that there is a likelihood of success for the challenge against the merger based on its merits.

Attorney General Ford stated, "I am very pleased with the judge’s decision today, and I believe this is the first step toward ensuring consumers are protected from increased grocery prices that will place a further burden on the average Nevada’s wallet." He added, "We will continue to work with our partners and the FTC to ensure this anti-consumer merger does not go forward."

The legal challenge was initiated in February 2024 by AG Ford, along with the Federal Trade Commission (FTC) and a bipartisan coalition of states. The lawsuit argues that the proposed merger violates the federal Clayton Act, which prohibits acquisitions that may significantly reduce competition or lead to monopolies. Such reductions in competition could result in higher prices without improvements in product quality.

Before filing the lawsuit, AG Ford conducted several community listening sessions regarding the merger, some attended by FTC Chair Lina Khan. Additionally, his office collected thousands of statements online through a dedicated portal.

AG Ford's efforts were supported by attorneys general from Arizona, California, Illinois, Maryland, New Mexico, Oregon, Wyoming, and Washington D.C., alongside the FTC.

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