FTC sues to kill Kroger merger with Albertsons

Antitrust regulator The Federal Trade Commission filed a lawsuit Monday to kill Kroger's proposed $25 billion takeover of rival grocer Albertons.

The FTC claimed the deal would hurt supermarket competition for shoppers and workers and ultimately lead to higher grocery prices that would hurt consumers and depressed wages that would hit employees.

“(The) Kroger’s acquisition of Albertsons would lead to additional grocery price hikes for everyday goods, further exacerbating the financial strain consumers across the country face today,” said Henry Liu, director of the FTC’s Bureau of Competition, in a statement. “Essential grocery store workers would also suffer under this deal, facing the threat of their wages dwindling, benefits diminishing, and their working conditions deteriorating.”

Eight states and the District of Columbia joined the FTC in the lawsuit filed in the U.S. District Court in Oregon.

Kroger say states have it wrong

Kroger said in a Monday statement the feds and the states have it wrong: "Blocking Kroger’s merger with Albertsons companies will actually harm the very people the FTC purports to serve: America’s consumers and workers," the grocer said, reiterating its promise to lower prices at the checkout.

It added that combining two companies with mostly union workers would be best to preserve jobs − a claim the government contests.

What to know about the proposed deal

One of the largest-ever proposed retail mergers, the Kroger proposal has been divisive from the start. The deal to acquire its Boise, Idaho-headquartered rival affects a combined network of nearly 5,000 stores in almost every U.S. state and the employment of more than 700,000 workers.

The rivals' combined $170 billion food sales are nearly a fifth of America's $1 trillion grocery market. The deal also directly affects one out of six of all 4.2 million American workers at supermarkets, supercenters and club warehouses, according to the U.S. Bureau of Labor Statistics.

Union supports Biden administration action

Marc Perrone, president of the United Food and Commercial Workers International Union (UFCW), which represents 1.2 million workers in grocery and other industries across North America, applauded the lawsuit.

“The FTC’s decision reflects clear concerns over the impact such a megamerger could have on workers, food prices, and millions of customers," Perrone said Monday, in a statement. "The UFCW stands - and will continue to stand - in opposition to any merger that would negatively impact our hundreds of thousands of hard-working members who work at Kroger and Albertsons."

Kroger is already the largest supermarket chain in the U.S.

Kroger already operates nearly 2,800 stores and employs 430,000 workers. With more than $148 billion in annual sales, Kroger is the nation's largest supermarket chain and the No. 2 grocer behind supercenter behemoth Walmart. Besides Kroger stores, the grocer operates several regional supermarket chains in 35 states, including Fred Meyer, Harris Teeter, Ralphs, Mariano's, Fry's, Smith's, King Soopers, QFC and others.

Consumer and union groups say merger will boost prices

Consumer and union groups have opposed the deal, claiming it will hurt competition and ultimately raise prices and harm workers. The FTC has declined to comment as they decide whether to block it. Last year, Kroger executives vowed to fight for the deal in court if necessary.

The lawsuit comes as persistent food inflation continues to dog American consumers and risks becoming a political issue in 2024: inflation at the supermarket has risen 24.7% since March of 2020 when the COVID-19 pandemic broke, compared to overall inflation, which has risen 20% in the same period, according to the U.S. Bureau of Labor Statistics.

Earlier this month at an event in South Carolina, President Joe Biden took aim at big supermarket chains:

"The cost of eggs, milk, chicken, gas, and so many other essential items have come down," Biden said. "But for all we’ve done to bring prices down, there are still too many corporations in America ripping people off." 

States echo federal government concerns

The legal action comes after two other states in the past several weeks have filed separate state lawsuits: Washington on Jan. 15 and Colorado on Feb. 14, both making similar claims as federal antitrust officials.

Kroger, Albertsons merger :Kroger wants to merge with rival Albertsons: What we know about the proposed $25B takeover

To mollify antitrust regulators, Kroger announced in September a $2.3 billion proposal to sell off at least 413 stores to Piggly Wiggly operator and franchiser C&S Wholesale Grocers, which was intended to address antitrust concerns.

Officials with the FTC on Monday called the divestiture plan "inadequate," claiming it would create a "hodgepodge of unconnected stores" that would be unable to compete against a combined Kroger-Albertsons.

The FTC noted C&S Wholesale currently owns just 23 supermarkets and one pharmacy and claimed the deal would not give it enough assets and resources to keep the divested stores competitive as a standalone business.

The regulator also pushed back against Kroger that combining two grocers with heavy union representation was a good thing. It noted the unions currently play Kroger and Albertsons off each other to enhance its bargaining postion. By joining most of those workers in one company, the union would lose power.

"The combined Kroger and Albertsons would have more leverage to impose subpar terms on union grocery workers that slow improvements to wages, worsen benefits, and potentially degrade working conditions," the FTC said.

Biden supports antitrust efforts

In a Monday statement by the White House, the Biden administration declined to comment specifically on the FTC lawsuit, but said Biden supported antitrust efforts to ensure fair competition.

"The President supports fair and vigorous antitrust enforcement," said Jon Donenberg, a director for competition policy at the National Economic Council, in a statement. "President Biden has made clear that competition is key to capitalism. When large corporations are not checked by healthy competition, they too often do not pass cost savings on to consumers and exploit their workers."