March 25 (Reuters) - A Denver state judge said on Monday
that he will hear arguments beginning on Aug. 12 in Colorado's
case seeking to block Kroger's ( KR ) $25 billion purchase of
rival grocer Albertsons ( ACI ).
The order by District Court Judge Andrew Luxen puts Colorado
two weeks ahead of a similar hearing before the U.S. Federal
Trade Commission and other states' separate nationwide lawsuit
challenging the merger.
"I make no promises about when my orders will be out," Luxen
said. Colorado's attorney general, like the FTC, is seeking a
preliminary injunction to halt the supermarket mega-merger. The
judge said he would strive to rule "quickly."
Kroger ( KR ) and the FTC did not immediately respond to requests
for comment. Albertsons ( ACI ) declined to comment.
Luxen heard arguments for more than a hour on Monday about
how and whether to accommodate Colorado's independent interest
in challenging the deal amid the ongoing FTC case in Oregon
federal court.
The FTC and eight states sued Kroger ( KR ) in February to stop the
deal, saying it would increase prices for millions of Americans.
Washington state is also separately challenging the deal, and a
hearing in that case is expected to start sometime after August.
Kroger ( KR ) and Albertsons ( ACI ) have defended the merger, first
announced in October 2022, and denied the claims it would lead
to higher prices. Kroger ( KR ) is the largest grocer in America by
revenue.
Kroger ( KR ) has proposed to divest 413 stores and eight
distribution centers to C&S Wholesale Grocers, and said it may
need to shed an additional 237 stores to gain regulatory
approval.
An attorney for Kroger ( KR ), Matthew Wolf, said during Monday's
hearing in Denver that the company would be providing an
"enhanced" new divestiture package "in the coming days."
Luxen said he would hold a permanent injunction hearing in
the Colorado case on Sept. 30.