A state judge in Washington is slated to issue his ruling in the antitrust case against Kroger’s proposed $25 billion takeover of rival Albertsons.
King County Superior Court Judge Marshall Ferguson is scheduled to file his decision on Tuesday, according to the court’s website. The date was set last month when Ferguson delayed his plans to reach a ruling in mid-November.
The merger is the subject of two other antitrust lawsuits brought by regulators at the Federal Trade Commission and the Colorado Attorney General’s office. Both cases have been tried and subject to different judges deliberations, but there’s no firm timeline for decisions in those cases.
Antitrust experts say Kroger needs to win all three cases to keep its merger hopes alive. All three cases would be subject to appeal.
How big is the Kroger Albertson's merger?
First announced in October 2022, Cincinnati-based Kroger wants to buy all outstanding shares of Boise, Idaho-based Albertsons, adding most of its employees and stores to its supermarket operation. If the deal is completed, Kroger would:
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Operate more than 4,400 supermarkets, up from 2,700 right now.
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Generate about $208 billion in annual sales, compared to $150 billion.
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Employ about 640,000 workers, up from about 414,000 currently. That would make it one of the 10 largest private employers in the world.
Arguments for and against
But regulators have objected to the deal they say would lessen competition and give Kroger too much power to raise prices for consumers. They are also concerned about Kroger’s related deal to sell off 579 stores to C&S Wholesale Grocers. The divestiture would give the Keene, New Hampshire-based supplier with limited retail experience hundreds of stores.
Kroger and Albertsons have promised the deal will lower prices for consumers, won’t lead to any store closures and won’t create mass layoffs. They claim they need to merge to compete effectively against a wave of growing nontraditional grocers, such as Walmart, Costco and Amazon.
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This story has been updated to add video.
This article originally appeared on Cincinnati Enquirer: Washington state judge set to rule in Kroger merger with Albertsons