Ohio Attorney General Dave Yost’s Bid to Toss Antitrust Lawsuit Against Kroger-Albertsons Merger

Yost Files Motion to Dismiss FTC Lawsuit

Ohio Attorney General Dave Yost has filed a motion to dismiss an antitrust lawsuit brought by the Federal Trade Commission (FTC) that seeks to block the proposed merger between Kroger and Albertsons.

Arguments for Dismissal

• The FTC has failed to show that the merger would substantially lessen competition.
• The FTC has ignored evidence that the merger would benefit consumers by lowering prices and improving product quality.
• The FTC’s lawsuit is based on speculation and conjecture, rather than on concrete evidence.

Background on the Merger

Kroger and Albertsons are two of the largest grocery store chains in the United States. The proposed merger would create a company with over 5,000 stores and annual sales of over $200 billion.

The FTC filed its lawsuit in December 2022, arguing that the merger would harm competition by giving the combined company too much market power.

Yost’s Stance on the Merger

Yost has argued that the FTC’s lawsuit is misguided and that the merger would benefit Ohio consumers.

In his motion to dismiss, Yost states that the FTC has “failed to demonstrate that the proposed merger would have any negative effects on competition or consumers.”

Potential Impact of Dismissal

If Yost’s motion to dismiss is successful, the FTC’s lawsuit would be dismissed and the merger would be allowed to proceed.

This would be a major victory for Kroger and Albertsons, as it would allow them to complete the merger and create a larger, more competitive grocery store chain.