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Nevada Attorney General Aaron Ford is continuing to scrutinize the grocery merger of Kroger and Albertsons with a focus on consumer protection, he tells Axios.

Why it matters: Several states, in addition to the Federal Trade Commission, are eyeing this deal, highlighting its local and regional significance.

Catch up fast: Ford has been conducting dozens of listening sessions across his state, including one last September that FTC chair Lina Khan attended.

Of note: In the interview, Ford acknowledged upfront that at these sessions, attendees have overwhelmingly opposed the merger.

The latest: Ford says Nevada has yet to decide on whether to support or oppose the deal.

The state could align with the FTC, or pursue another option like a settlement, he says. Nevada also has the option to sue under its consumer protection statutes, he adds.

Ford says he could also strike a deal containing commitments for consumers, jobs and locations, which is what he did in 2019 when T-Mobile and Sprint merged.

Zoom in: In particular, Ford says he is looking at whether food deserts might be created and what the impact will be on gas stations and pharmacies involved in the sale.

He cited an Albertsons in Pahrump, Nevada, that serves customers from as far as Amargosa Valley, about 45 miles away.

Ford is also studying the effect on food prices and jobs.

Between the lines: As part of the merger, Kroger and Albertsons are divesting locations in the state to C&S Wholesale.

The viability of the buyer and its commitment to jobs and locations is part of the review, Ford says.

"History is a good teacher. Past can be prologue," he says, pointing to the failure of Haggen after it acquired locations as part of the merger of Albertsons and Safeway.

"That's one of the worries," Ford says, adding that locations are sitting empty today due to the bankruptcy.

The other side: Both Kroger and C&S have made commitments on jobs, with the latter saying it will recognize union workers and maintain collective bargaining agreements.

The bottom line: Competition matters and it affects people's access to food, Ford says.

Nevada's attorney general weighs in on Kroger-Albertsons merger

The state is weighing or not whether to oppose the deal.

Nevada Attorney General Aaron Ford speaks about 2024 election security at the Clark County Election Department 

Nevada Attorney General Aaron Ford.  Photo: L.E. Baskow/Las Vegas Review-Journal/Tribune News Service via Getty Images

Kroger

Nevada Attorney General Aaron Ford is continuing to scrutinize <a class="gtmContentClick" data-vars-link-text="the grocery merger of Kroger and Albertsons" data-vars-click-url="https://www.axios.com/2024/01/16/kroger-albertsons-merger-delay" data-vars-content-id="f3ac565a-0aea-482b-9f58-7a64ecc7b488" data-vars-headline="Nevada&#x27;s attorney general weighs in on Kroger-Albertsons merger" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2024/01/16/kroger-albertsons-merger-delay" target="_self">the grocery merger of Kroger and Albertsons</a> with a focus on consumer protection, he tells Axios.Why it matters: <a class="gtmContentClick" data-vars-link-text="Several states" data-vars-click-url="https://www.reuters.com/markets/deals/seven-us-states-oppose-krogers-proposed-acquisition-albertsons-letter-2023-08-16/#:~:text=%22We%20are%20strongly%20opposed%20to,All%20seven%20are%20elected%20Democrats." data-vars-content-id="f3ac565a-0aea-482b-9f58-7a64ecc7b488" data-vars-headline="Nevada&#x27;s attorney general weighs in on Kroger-Albertsons merger" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.reuters.com/markets/deals/seven-us-states-oppose-krogers-proposed-acquisition-albertsons-letter-2023-08-16/#:~:text=%22We%20are%20strongly%20opposed%20to,All%20seven%20are%20elected%20Democrats." target="_blank">Several states</a>, in addition to the Federal Trade Commission, are eyeing this deal, highlighting its local and regional significance.

Nevada's attorney general weighs in on Kroger-Albertsons merger

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