March 6 (Reuters) - California, Oregon, Illinois and

five other U.S. states have asked a U.S. judge to award them

legal fees for winning an order in federal court blocking

Kroger's ( KR ) now-abandoned $25 billion deal for grocery rival

Albertsons ( ACI ).

The states and the District of Columbia said in a court

filing in Oregon on Wednesday that they are entitled to fees for

their legal work under federal antitrust law. A judge in

December blocked the deal, and Kroger ( KR ) then dropped the merger.

U.S. District Judge Adrienne Nelson will weigh the fee

request. The states did not ask for a specific amount, but the

total could reach millions of dollars.

The dispute could test the scope of a new U.S. Supreme Court

ruling that addresses the payment of fees in some cases to the

prevailing party. The justices' ruling set a higher bar in some

instances for plaintiffs to recover fees.

Kroger ( KR ), Albertsons ( ACI ) and representatives for California,

Oregon and Illinois did not immediately respond to requests for

comment on Thursday.

The states joined the Federal Trade Commission in a lawsuit

filed in federal court in Oregon in February 2024.

The Kroger-Albertsons deal would have marked the largest

supermarket merger in U.S. history.

The companies had defended the deal as beneficial to

consumers and workers. Albertsons ( ACI ) has since sued Kroger ( KR ),

alleging its termination of the deal was a breach of contract.

Kroger ( KR ) has filed counterclaims against Albertsons ( ACI ).

In their fee bid, the states said they "substantially"

prevailed after winning an order against the merger that

scuttled the deal.

The states urged Nelson not to apply the recent U.S. Supreme

Court ruling to their fee request, saying the justices' decision

applied to civil rights litigation and not antitrust matters.

The case is Federal Trade Commission et al v. The Kroger Co ( KR )

and Albertsons Companies ( ACI ), U.S. District Court for the District

of Oregon, No. 3:24-cv-00347-AN.

Read more:

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terminating merger bid

Kroger's ( KR ) $25-billion deal for grocery rival Albertsons ( ACI )

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Kroger-Albertsons merger fight features antitrust law

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