Kroger Pushes Back Against FTC’s Request for Preliminary Injunction
Meanwhile, a number of lawmakers have signed on to an amicus brief that urges the Federal District Court for the District of Oregon to grant the FTC’s preliminary injunction request. U.S. Senator Ron Wyden (D-Ore.) said the merger “combines the two largest pharmacies and supermarket operators in the state of Oregon. It would give just one company control of more than 30% of Oregon's pharmacies and more than half of our grocery sales in Portland.”
“Kroger and Albertsons runs the risk of driving up grocery prices for Oregonians and making it much harder for Oregonians to find a pharmacy,” Wyden continued.
Meanwhile, a preliminary injunction against the merger was granted by Denver District Court Judge Andrew J. Luxen during a hearing on July 25 in regard to a separate lawsuit filed by Colorado Attorney General Phil Weiser.
A two-week trial on the matter is set to begin on Sept. 30, and a Kroger spokesperson told Progressive Grocer that the decision was welcome news since it eliminated the need for a preliminary injunction hearing, which had been originally slated for Aug. 12.
“We look forward to defending in court how the combination of Kroger and Albertsons will provide meaningful, measurable benefits, including lower prices and more choices for families across the country and more opportunities for stable, well-paying union jobs,” said the spokesperson.
On July 9, Kroger released a list of the stores, distribution centers and plant locations that it plans to divest to C&S Wholesale Grocers should the merger be completed. Some 579 Kroger and Albertsons stores, as well as other assets, will be divested as part of the plan.
Cincinnati-based Kroger is No. 4 on The PG 100, Progressive Grocer’s 2024 list of the top food and consumables retailers in North America. View company website. Boise, Idaho-based Albertsons is No. 9 on The PG 100. View company website. PG also named Kroger and Albertsons among the Retailers of the Century. Keene, N.H.-based C&S is No. 18 on PG’s list.