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Antitrust & Trade Reg.

Mar. 13, 2024

Private challengers to Kroger/Albertsons tieup 'not second-class'

Joseph M. Alioto vowed to appeal decision that his case must wait behind the FTC’s challenge to the merger.

The attorney leading a consumer antitrust lawsuit against Kroger’s $24.6 billion acquisition of grocery retailer Albertsons promised to appeal a federal judge’s stay order pending the U.S. Federal Trade Commission’s challenge to the merger, saying legal precedent requires private actions and government actions to be prosecuted separately.

“We are not second-class citizens. We started this case and had no reason to believe that the governm...

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