02:04 PM EDT, 05/17/2024 (MT Newswires) -- (Updates to add details in the second, third and fourth paragraphs, and Albertsons ( ACI ) declining to comment and MT Newswires' attempt to reach Kroger ( KR ) in the fifth paragraph.)

Chief Administrative Law Judge D. Michael Chappell denied without prejudice the Federal Trade Commission's motion to compel Kroger ( KR ) and Albertsons ( ACI ) to produce documents on their divestiture plans as part of their proposed merger.

The documents are related to the negotiation of an amended divestiture agreement between the grocers and C&S Wholesale Grocers in April for the sale of 579 stores to C&S.

Kroger ( KR ) and Albertsons ( ACI ), however, shall produce non-privileged negotiation documents and privilege logs by May 17, Chappell said in a Thursday order.

The companies on Thursday asked the court to push the production of privilege logs for any withheld negotiation materials by May 24 but said they would produce the non-privileged materials by May 17, according to an FTC filing.

A spokesperson for Albertsons ( ACI ) declined to comment to MT Newswires, while Kroger ( KR ) did not immediately respond to a request for comment by MT Newswires.

Price: 54.07, Change: -0.38, Percent Change: -0.69