financetom
Business
financetom
/
Business
/
Albertsons Puts End To Merger Deal, Sues Kroger Following Court Ruling: 'We Believe Strongly In The Merits Of Our Case'
News World Market Environment Technology Personal Finance Politics Retail Business Economy Cryptocurrency Forex Stocks Market Commodities
Albertsons Puts End To Merger Deal, Sues Kroger Following Court Ruling: 'We Believe Strongly In The Merits Of Our Case'
Dec 11, 2024 10:38 AM

Kroger Co ( KR ) and Albertsons Companies Inc ( ACI ) will remain competitors after a U.S. judge blocked the companies’ proposed merger. It didn’t take long for them to start acting like it again.

What Happened: Albertsons ( ACI ) announced the termination of its proposed merger with Kroger ( KR ) and filed a lawsuit against the grocery giant, accusing Kroger ( KR ) of violating the contractual obligations of the merger agreement by failing to do all it could to secure regulatory approval.

“Rather than fulfill its contractual obligations to ensure that the merger succeeded, Kroger ( KR ) acted in its own financial self-interest, repeatedly providing insufficient divestiture proposals that ignored regulators’ concerns. Kroger’s self-serving conduct, taken at the expense of Albertsons ( ACI ) and the agreed transaction, has harmed Albertsons’ shareholders, associates and consumers,” said Tom Moriarty, general counsel and chief policy officer of Albertsons ( ACI ).

On Tuesday, U.S. District Judge Adrienne Nelson blocked the proposed merger of the two companies after finding the deal would impact competition in the grocery space. Attorneys for both companies previously said the deal would most likely be squashed if the judge ruled in favor of the U.S. Federal Trade Commission.

See Also: Wall Street Gains, Tech Rallies, Tesla Hits All-Time High As Inflation Data Firms Up Fed’s Next Interest Rate Cut

Albertsons ( ACI ) alleges Kroger ( KR ) failed to exercise “best efforts” and failed to take “any and all actions” to make sure the merger was approved as required of the company under terms of the merger agreement. Albertsons ( ACI ) also alleges Kroger ( KR ) breached the merger agreement by “repeatedly refusing” to divest necessary assets for antitrust approval, ignoring regulators’ feedback and failing to cooperate with Albertsons ( ACI ).

Kroger ( KR ) responded to the accusations Wednesday morning, calling the lawsuit “baseless and without merit.”

“Kroger refutes these allegations in the strongest possible terms, especially in light of Albertsons’ repeated intentional material breaches and interference throughout the merger process, which we will prove in court,” the company said.

“We went to extraordinary lengths to uphold the merger agreement throughout the entirety of the regulatory process and the facts will make that abundantly clear.”

Albertsons ( ACI ) is seeking billions of dollars in damages from Kroger ( KR ), alleging shareholders were unfairly denied a multi-billion-dollar premium that Kroger ( KR ) agreed to pay for Albertsons ( ACI ) shares.

Albertsons ( ACI ) also believes it’s entitled to a $600 million termination fee. Kroger ( KR ) challenged the allegation in its statement and said the company looks forward to responding in court.

KR, ACI Price Action: At the time of publication, Kroger ( KR ) shares were up 0.58% at $61.08 while Albertsons ( ACI ) shares were down 0.38% at $18.44, according to Benzinga Pro.

Read Next:

Adobe Q4 Earnings Preview: Analyst Says Investors May Be Missing Healthy Subscriber Growth

Comments
Welcome to financetom comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Related Articles >
Nayax's Q2 Earnings, Revenue Rise; Reaffirms Full Year Revenue Outlook
Nayax's Q2 Earnings, Revenue Rise; Reaffirms Full Year Revenue Outlook
Aug 13, 2025
07:55 AM EDT, 08/13/2025 (MT Newswires) -- Nayax ( NYAX ) reported Q2 earnings Wednesday of $0.316 per basic share, swinging from a loss of $0.083 a year earlier. Analysts polled by FactSet expected EPS of $0.11. Revenue for the quarter ended June 30 was $95.6 million, up from $78.1 million a year earlier. Analysts surveyed by FactSet expected $99...
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Aug 17, 2025
SYDNEY, Aug 18 (Reuters) - Google agreed on Monday to pay a A$55 million ($35.8 million) fine in Australia after the consumer watchdog found it had hurt competition by paying the country's two largest telcos to pre-install its search application on Android phones, excluding rival search engines. The fine extends a bumpy period for the Alphabet-owned internet giant in Australia,...
Air Canada Says Received 72-Hour Strike Notice from CUPE and Issues Lockout Notice in Response
Air Canada Says Received 72-Hour Strike Notice from CUPE and Issues Lockout Notice in Response
Aug 13, 2025
07:56 AM EDT, 08/13/2025 (MT Newswires) -- Air Canada ( ACDVF ) on Wednesday said that it has issued the statutory 72-hour lockout notice to the Canadian Union of Public Employees (CUPE) representing 10,000 flight attendants at Air Canada ( ACDVF ) and Air Canada Rouge after the union provided notice it intends to begin a strike. To provide customers...
Musk's bid to dismiss OpenAI's harassment claims denied in court
Musk's bid to dismiss OpenAI's harassment claims denied in court
Aug 13, 2025
Aug 13 (Reuters) - A federal judge on Tuesday denied Elon Musk's bid to dismiss OpenAI's claims of a years-long harassment campaign by the Tesla CEO against the company he co-founded in 2015 and later abandoned before ChatGPT became a global phenomenon. In the latest turn in a court battle that kicked off last year, U.S. District Judge Yvonne Gonzalez...
Copyright 2023-2026 - www.financetom.com All Rights Reserved