FTC Slams Kroger’s Collateral Attack on In-House Proceeding

The Federal Trade Commission wants Kroger Co.'s challenge of the constitutionality of its in-house proceedings moved to the same court hearing the agency’s bid to block the grocer’s purchase of rival Albertsons Cos. Inc.

The FTC argued Monday that Kroger’s lawsuit must move to the US District Court for the District of Oregon, which on Tuesday will hear closing arguments in the agency’s bid to freeze what would be the largest supermarket merger in US history.

Kroger in August sued the FTC in the Southern District of Ohio seeking to block the agency’s parallel administrative proceeding over the deal. The ...