Attorneys general from Alabama, Georgia, Iowa and Ohio are urging a federal judge to allow Kroger’s $24.6 billion acquisition of rival Albertsons to go through, arguing that the Federal Trade Commission’s opposition to the deal is premised on an overly narrow definition of the grocery market that’s detached from reality and contradicts its own precedent.
In an amicus brief filed in Oregon federal court Friday, the attorneys general say the merger actually is “procompetitive” because “it can be expected to strengthen Kroger’s ability to compete more effectively in the wide-open market for consumers’ retail grocery dollars,” a free-for-all that includes far larger companies such as Walmart and Amazon.