Case Details

Year Initiated/Committed

2024

Court

Superior Court of Washington, King County

Docket Number

24-2-00977-9 SEA

Lead State

WA

Participating States

WA

Defendant(s)

The Kroger Co.; Albertsons Companies, Inc.; Albertson’s Companies Specialty Care, LLC; Albertson’s LLC; Albertson’s Stores Sub LLC; Kettle Merger Sub, Inc.

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.  In December 2024, the Superior Court found that the proposed merger violated Washington state law and enjoined the defendants from consummating the transaction.