02:46 PM EDT, 05/07/2024 (MT Newswires) -- (Updates with additional details in the third and fourth paragraph and attempt for comments)

The US Department of Justice has thrown its support behind Colorado's bid to block the merger of Kroger ( KR ) and Albertsons ( ACI ) .

"The United States respectfully submits this brief ... to explain that [Kroger's ( KR ) and Albertsons' ( ACI )] motion to dismiss misunderstands the respective roles of federal and sate antitrust enforcement," the DOJ said in a Friday filing with the Colorado court overseeing the case that was made public Tuesday. "[Kroger ( KR ) and Albertsons ( ACI )] are incorrect to categorically assert that Colorado's lawsuit undermines the dual antirust enforcement regime set forth in the federal antitrust laws and parallel state laws."

"The federal antitrust laws do not preempt or otherwise preclude parallel state lawsuits to protect the public," the DOJ added.

Kroger ( KR ) and Albertsons ( ACI ) want Colorado's case dismissed, claiming the state lacks authority for a nationwide injunction.

Neither Kroger ( KR ) nor Albertsons ( ACI ) immediately responded to MT Newswires' requests for comment.

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