Albertsons Seeking Information on Ex-Kroger CEO’s Personal Conduct
Things have grown even more contentious between Albertsons Cos. and The Kroger Co. following their failed $24.6 billion merger and resulting duel lawsuits, as the former seeks additional information regarding the resignation of ex-Kroger CEO Rodney McMullen.
That request is related to Albertsons’ March lawsuit which claimed that Kroger failed to exercise “best efforts” and to take “any and all actions” to obtain regulatory approval of the companies’ proposed merger deal. As reported by Bloomberg, attorneys for Albertsons wrote in a July 27 court filing that “McMullen micromanaged the merger from beginning to end, and his business ethics (or lack thereof) lie at the heart of this case.”
Kroger revealed the resignation of McMullen on March 3 after an internal investigation into his personal conduct. A company statement emphasized that McMullen’s alleged breach of corporate ethics was not related to the business, including its financial performance, operations, reporting or talent.
Albertsons attorneys claim the company cannot trust that McMullen’s personal conduct was not related to the merger or any issue in the litigation. “Kroger has not explained why that conduct was so egregious that the Kroger board determined McMullen was unfit to serve as CEO and forced him out within 10 days of its discovery,” attorneys wrote.
Further, the attorneys said that McMullen’s conduct “raises significant concerns not only regarding his credibility, integrity and compliance with the law, but also about his focus during the merger process and his ability to fulfill Kroger’s contractual obligations to Albertsons.”
In a statement provided to Progressive Grocer, a Kroger spokesperson said: “While Kroger continues to focus on delivering outstanding value to its customers and communities, Albertsons’ desperation is once again on full display in this latest attempt to distract from its own misconduct during the regulatory process.”
As for Kroger’s legal response to Albertsons’ initial March lawsuit, the company stated that while it was working to seek regulatory approval and close the merger, Albertsons was engaging in a secret campaign alongside C&S Wholesale Grocers to pursue its own regulatory strategy. Albertsons later denied those allegations, stating that “Kroger’s search for a divestiture buyer was disorganized, protracted, and contributed to the ultimate failure of the merger.”
Cincinnati-based Kroger employs nearly 410,000 associates who serve more than 11 million customers daily through an e-commerce and store experience under a variety of banner names. The grocer is No. 4 on The PG 100, Progressive Grocer’s 2025 list of the top food and consumables retailers in North America.
As of June 14, Albertsons Cos. operated 2,264 retail stores with 1,725 in-store pharmacies, 408 associated fuel centers, 22 dedicated distribution centers and 19 manufacturing facilities. The Boise, Idaho-based company operates stores across 35 states and the District of Columbia under more than 22 well-known banners. Albertsons is No. 9 on The PG 100.
PG also named both Kroger and Albertsons among its Retailers of the Century.
