The Federal District Court in Denver, Colorado is reviewing the petition by Attorney General Phil Weiser to block the proposed merger of the Kroger Company with Albertson’s Corporation.
The State of Colorado maintains that competition would be adversely impacted by the transaction. They also hold that the divestment of stores to C&S Wholesale will not be a viable strategy. The State predicts that the acquirer will dispose of or will close stores despite the appointment of the Albertsons COO as the CEO of the proposed holding company for the acquired stores and DCs.
Colorado also accuses Kroger and Albertsons of collusion through a “no poach” agreement in 2022. A/G Weiser is requesting the Court to award the state $1 million from each of the defendants for violating state law.
Judge Adrienne Nelson has yet to render a verdict in the first of the three trials in Oregon. Both parties had until September 27th to submit briefs supporting their respective positions.