Colorado lawsuits still pending as grocery merger implodes

State of play: Following federal and state court decisions blocking the deal, Albertsons ended the $25 billion merger and announced it would sue Kroger for not divesting assets needed for antitrust approval and for failing to cooperate.

The move came just ahead of an expected court decision in Colorado, where Attorney General Phil Weiser challenged the merger in a February lawsuit and four-week trial in October that included claims that Kroger inflates prices in localities without competition.

• The state also sued regarding employment agreements from the 2022 strike against King Soopers stores.

What he's saying: In a briefing Wednesday, Weiser told reporters he will keep pursuing the case until both entities back out and still expects a ruling soon.

• He also cheered the news about the merger's status. "This is a great day for consumers," Weiser said. "This merger is bad for consumers, and this merger would raise prices, lower choice, hurt customer service, hurt access to local food."

By the numbers: Albertsons owns 105 locations, including Safeways, in Colorado. Kroger operates 150 King Soopers and City Market stores in the state.

• As part of their deal, Kroger and Albertsons agreed to sell 91 Colorado stores to C&S Wholesale Grocers, which operates the Piggly Wiggly chain.

The other side: Kroger said at the recent court hearing that it planned to invest $40 million into Colorado Albertsons stores if it were to take control. The two grocers also rejected the idea that the merger would lead to negative outcomes.

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