Kroger and Albertsons have made their final argument in federal court in support of their proposed merger
PORTLAND, Ore. — The federal government urged a U.S. District Court judge on Tuesday to temporarily prevent a proposed merger between Kroger and Albertsons, saying in closing arguments the combination would “almost certainly” benefit shareholders and not everyday shoppers.
Lawyers for the Federal Trade Commission and for the supermarket chains gave their closing arguments at the end of a three-week hearing on the commission's request for a preliminary injunction to block the $24.6 billion deal.
Kroger and Albertsons argued their merger would preserve consumer choice by allowing them to better compete against growing rivals like Walmart, Costco and Amazon.
“If we don’t do something, the corner grocery store is in real danger," Kroger attorney Matt Wolf said.
U.S. District Judge Adrienne Nelson must now decide whether to grant the injunction while the FTC's anti-trust complaint goes goes before an in-house administrative law judge. Nelson said she would work “expeditiously” on her decision, but she didn't say when she would rule.
Kroger and Albertsons proposed what would be the largest supermarket merger in U.S. history in 2022. The FTC alleged the merger would eliminate competition and lead to higher food prices for already struggling customers.
Susan Musser, the FTC's chief trial counsel, argued Tuesday that Kroger and Albertsons primarily compete with each other and not places like Amazon or Costco, where consumers do other kinds of shopping.
“It’s this local competition, in these local communities, that this merger will eliminate,” Musser said.
But Wolf pushed back, saying Kroger and Albertsons were competing
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