Case Description
Washington filed suit in King County Superior Court to block the merger of Kroger and Albertsons, which would have combined the two largest supermarket chains operating in the state. Washington alleged that the merger would have ended head-to-head competition between the chains on price, loyalty rewards programs, products offered and customer service, leading to higher prices, lower quality, and less variety in many local markets across the state. Washington also argued that the defendants’ proposed divestiture of stores to C&S Wholesale Grocers, LLC, which was primarily a wholesale distributor that only operated a small network of retail grocery stores – and none in Washington – would not be sufficient to restore the competition lost by the merger.
On December 10, 2024, King County Superior Court Judge Marshall Ferguson found that the proposed merger was unlawful under Washington law, permanently enjoined the merger, and awarded the State attorneys’ fees and costs. The same day as Judge Ferguson’s decision, the U.S. District Court for the District of Oregon preliminarily enjoined the proposed merger. As a result of these two decisions, Kroger and Albertsons abandoned the proposed merger.
In August 2025 the State was awarded over $28.3M in attorneys’ fees and costs.
