Kroger Sues FTC Over Albertsons Merger Block

Kroger has filed a lawsuit against the Federal Trade Commission (FTC) and its Chair, Lina Khan, challenging the constitutionality of the agency's efforts to block its proposed $24.6 billion merger with Albertsons. Filed in the Southern District of Ohio, the lawsuit argues that the FTC's use of an in-house tribunal violates the separation of powers principles outlined in Articles II and III of the U.S. Constitution. Kroger contends that the matter should be resolved in federal court rather than through the FTC's administrative process, drawing on recent Supreme Court rulings. The FTC, supported by eight states and Washington, D.C., contends the merger would reduce competition and lead to higher prices for consumers. The grocery chain aims to proceed with the merger to better compete with industry giants like Walmart and Amazon. The legal battle underscores a significant confrontation between corporate America and federal regulatory authorities, with potential implications for executive power and administrative law.