In a significant blow to the American grocery retail sector, a federal judge has blocked the largest supermarket merger in US history between Kroger and Albertsons, valued at $24.6 billion. The ruling marks a decisive victory for federal antitrust regulators who maintained the deal would negatively impact both consumers and workers.
US District Judge Adrienne Nelson imposed a preliminary injunction on the takeover, directing the proceedings to the Federal Trade Commission for further scrutiny. The October 2022 deal, which would have seen Kroger acquire Albertsons for $34.10 per share, now faces severe uncertainty.
The FTC, alongside eight states and the District of Columbia, launched legal action in February, contending that the merger would result in elevated consumer prices and diminished bargaining power for unionised employees. The proposed consolidation would have united thousands of stores under single ownership, significantly altering the competitive landscape in numerous regions.
Despite arguments from both companies that the merger was necessary to compete with retail giants like Walmart, Costco, and Amazon, Judge Nelson determined the consolidation would create undue market concentration, potentially hampering competition in multiple geographic markets.
The ruling arrives amid heightened scrutiny of grocery prices, which have surged more than 25% in the past five years. This increase, driven by transport challenges, labour shortages, and commodity costs, has emerged as a central issue in the US presidential race.
The companies’ shares reflected the market’s response to the ruling, with Albertsons dropping 2.3% to $18.51, while Kroger experienced a 5.1% rise to $60.73. The proposed divestment of 579 stores to address competition concerns failed to convince the court, with serious doubts raised about C&S Wholesale Grocers’ capability to operate a large-scale retail grocery business effectively.
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