Kroger Seeks to Block FTC Case Against Albertsons Acquisition

Kroger Co. is seeking to block the Federal Trade Commission’s in-house case against its proposed purchase of rival grocer Albertsons Cos., claiming the proceeding is unconstitutional.

The FTC, eight states and Washington, DC, challenged the Kroger-Albertsons tie-up in February, suing to block the largest supermarket merger in US history. The agency claimed the merger would drive up grocery prices for American customers.

Kroger, in the Monday filing in federal court in Ohio, claimed the FTC’s case moving through the agency’s in-house administrative law court violates constitutional separation of powers. The company is requesting a preliminary injunction against the ...