Court revelation: Kroger merger is really a rescue for Albertson's

PORTLAND, Ore. − If Kroger succeeds in taking over its rival Albertsons, the promised $1 billion in lower grocery costs likely won’t go to current Kroger shoppers.

Instead, the money will be invested in making its struggling Boise, Idaho, suitor more competitive, company officials indicated on Monday during a critical legal hearing in U.S. District Court in Portland, Oregon, on the controversial $25 billion grocery merger. Albertsons prices are about 12% higher than Kroger’s, company officials disclosed in court.

Both regulators with the Federal Trade Commission and company officials squared off Monday during a hearing on whether to grant a federal court order to prevent the two supermarket chains from joining forces. If successful, the deal would transform Kroger into nearly as large a grocer as Walmart: from a supermarket company with 2,700 supermarkets doing $150 billion in sales into one with 4,400 stores doing $208 billion in sales.

Both retailers say the deal will save shoppers money, preserve union jobs and allow them to compete with Walmart, Amazon, Costco and other nontraditional rivals. But regulators say the deal will lead to less competition, higher prices, job losses and fewer choices for consumers.

The Kroger Headquarters building in Downtown, Tuesday, Aug. 20, 2024.
The Kroger Headquarters building in Downtown, Tuesday, Aug. 20, 2024.

Albertsons may ultimately be sold to another rival

On Monday, an attorney for Albertsons painted a bleak picture of the future for the retailer if the merger isn’t approved:

“The backup plan is worse for consumers and workers … (Albertsons will) need to fundamentally change costs,” Enu Mainigi told the court, adding the retailer would have to consider potential layoffs, store closures and even retreating from entire geographic markets in the next few years. “It will be a candidate for sale to someone else.”

Kroger attorney: Injunction could kill the deal

Meanwhile, an attorney for Kroger predicted the retailers’ impasse with federal and state antitrust regulators could end quickly with the outcome of the hearing to decide whether to grant a preliminary injunction to block the merger sought by federa regulators that want to kill the merger.

While an FTC attorney on Monday asked the judge to “push pause” on the deal to allow the agency to pursue its administrative case against the deal in Washington, D.C., Kroger attorney Matthew Wolf said the added delay would be too much for the business deal to go forward.

“This merger will not occur if this injunction is in place,” Wolf told the court.

Obsession with grocery pricing

After opening statements, the FTC called several retail executives to testify about how much they scrutinize rivals’ pricing and how they adjust their own prices.