Judge Andrew Luxen of the Denver District Court has allowed the lawsuit filed by the State of Colorado blocking the Kroger-Albertsons merger to proceed.  This action follows a similar decision in Washington State where a court ruled for the state Attorney General to continue with an antitrust action.

The two recent decisions are in accordance with Department of Justice policy sanctioning states to challenge anti-competitive action including mergers in state courts.

Evidence in the Colorado lawsuit will show collusion between Kroger and Albertsons with respect to a “no poach” agreement regarding striking workers at King Sooper’s, a Kroger banner.

The Colorado Attorney General maintains that the action by the defendants contravened the Colorado State Antitrust Act.