Kroger files motion to enjoin FTC’s administrative merger challenge

Kroger (KR) announced that today it filed a motion for preliminary injunction in the U.S. District Court, Southern District of Ohio, against the Federal Trade Commission’s administrative proceeding challenging the company’s merger with Albertson’s Companies (ACI). “The company argues that by proceeding in its administrative tribunal, in addition to the separate action in federal court, the FTC is violating Constitutional protections,” Kroger stated. “The merger between Kroger and Albertson’s is squarely focused on ensuring we bring customers lower prices starting day one while securing the future of good-paying union jobs. We stand prepared to defend this merger in the upcoming trial in federal court – the appropriate venue for this matter to be heard – and we are asking the Court to halt what amounts to an unlawful proceeding before the FTC’s own in-house tribunal,” said Rodney McMullen, Kroger Chairman and CEO.