Kroger has filed a lawsuit against Albertsons following the collapse of their proposed $24.6 billion merger, alleging that Albertsons deliberately undermined the deal. Kroger claims that Albertsons secretly worked with C&S to expand the store divestment package, making it harder for the merger to gain regulatory approval. The lawsuit also accuses Albertsons of creating a misleading paper trail to support a future lawsuit against Kroger if the deal was blocked in court. Kroger asserts that Albertsons’ allegations contradict statements made by its executives under oath during the antitrust trials. Additionally, Kroger alleges that Albertsons pressured C&S to tell regulators it needed more stores and assets to compete, a strategy that backfired by casting doubt on C&S’s ability to operate as a national retailer.
Kroger contends that Albertsons had a "Plan B" to collect documentation in preparation for legal action if the merger was not approved. The lawsuit claims Albertsons abandoned its contractual obligation to work toward closing the deal and instead focused on litigation. Kroger is now seeking damages. In response, Albertsons maintains that it was committed to the merger and accuses Kroger of failing to meet its contractual obligations, mismanaging the divestiture process, and ignoring regulatory concerns.
