Kroger has initiated legal action against the Federal Trade Commission (FTC), contending that the FTC’s in-house administrative process for adjudicating antitrust cases is unconstitutional. This move comes as the grocery chain seeks to proceed with its $24.6 billion merger with Albertsons, which was first announced in October 2022.
The 12-page complaint, filed in federal court in Kroger’s headquarters city of Cincinnati, asserts that “Unless the proceeding is enjoined, Kroger will suffer an immediate constitutional injury by being subjected to an illegitimate proceeding.” The legal strategy represents Kroger’s latest effort to counter the FTC’s opposition to the merger.
For more detailed information, the original [article](https://www.law.com/corpcounsel/2024/08/20/kroger-suit-claims-ftc-using-unconstitutional-process-to-try-to-kill-megamerger/) provides additional context and a link to the full complaint.