Harris' food price plan is stuck in legal limbo
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Illustration: Sarah Grillo/Axios
When Kamala Harris began rolling out her economic agenda as a presidential candidate, she began with food prices. A literal kitchen-table issue.
The big picture: She likely assumed that her case would be bolstered — in terms of both substance and attention — by the FTC's efforts to block Kroger from buying rival supermarket operator Albertsons, but a court ruling is taking much longer than expected.
- Were the FTC to prevail, it would be a feather in her regulatory cap. Were the FTC to lose, it would highlight the need for more stringent rules around consolidation in the food and grocery industries.
Zoom in: The federal trial ended more than six weeks ago, with final briefings submitted more than a month ago.
- Judge Adrienne Nelson said at the time that she would work "as expeditiously as possible, because everyone is anticipating a decision."
- As of Wednesday morning, crickets.
Zoom out: For context, the recent antitrust case between Capri and Tapestry ended after Kroger-Albertsons, and a judge ruled last week.
- We're also past time JetBlue/Spirit Air decision timeline. Even the landmark Microsoft antitrust case in 1999 got an initial finding in 45 days after closing arguments, a mark Nelson could hit this Friday.
Elsewhere: Two state-level trials over the Kroger-Albertsons deal recently wrapped up — one in Colorado and one in Washington — although an FTC victory could render those cases effectively moot.
The bottom line: It's entirely possible that Nelson, a Biden appointee, will rule in the upcoming days. Or even the upcoming hours.
- But her sluggishness has deprived Harris of a talking point. And delayed the grocery industry from knowing how big their giants can grow.
