Kroger / Albertsons Proposed Merger Antitrust Class Action

In February 2024, consumer plaintiffs, grocery workers, and state attorneys general filed suit to block Kroger's proposed $24.6 billion acquisition of Albertsons—a deal that would have created the largest supermarket chain in the United States. Plaintiffs alleged that the merger would substantially reduce competition in hundreds of local grocery markets nationwide, leading to higher prices for consumers already burdened by post-pandemic food inflation. The Federal Trade Commission also separately filed to block the deal, citing antitrust concerns in over 300 geographic markets.

The class action alleged violations of the Sherman Antitrust Act and the Clayton Act, arguing that consumers in markets where both chains operate would lose meaningful price competition and face diminished product variety and service quality. A federal judge ultimately blocked the merger in late 2024, citing evidence that the proposed divestiture plan was insufficient to preserve competition. Albertsons subsequently sued Kroger for breach of contract, and the litigation over consumer harm and remedies continues into 2025.