A coalition of nine states, led by Oregon, has filed a petition seeking approximately $10.3 million in legal fees following the unsuccessful Kroger and Albertsons merger. The action follows a court ruling in February 2026 that granted the plaintiff states the right to recover litigation costs tied to their challenge of the proposed $24.6 billion transaction. Oregon alone is seeking over $2.25 million, including attorney fees and related expenses incurred during the case. The merger, which aimed to combine two of the largest grocery chains in the U.S., faced opposition from state regulators over concerns about reduced competition across multiple local markets.
The petition now asks the court to determine the final allocation of fees among the participating states, after which Kroger would be required to pay the approved amounts. State authorities argued that the transaction would have concentrated market power, potentially leading to higher consumer prices, reduced wages, and fewer retail locations in affected communities. The coordinated legal effort reflects increased state-level enforcement in merger review, particularly where federal action is perceived as limited. By pursuing cost recovery, the states aim to reinforce accountability in large-scale transactions and ensure that public resources used in antitrust litigation are reimbursed by the parties involved.
