Kroger Taps Weil, Vorys to Fight FTC Over Albertsons Buy (1)

Kroger Co. has turned to Weil, Gotshal & Manges and Ohio law firm Vorys to take on the Federal Trade Commission in a clash over the grocery chain’s purchase of Albertsons Cos.

Weil and lawyers from Arnold & Porter Kaye Scholer have been advising Kroger on the $24.6 billion Albertsons deal. Now the firm is helping the company fight the FTC’s effort to block the deal.

Kroger filed a lawsuit against the FTC Monday in a federal court in Cincinnati, alleging that an in-house agency proceeding is unconstitutional. Lawyers from Weil and Vorys, Sater, Seymour and Pease are representing the company in the litigation.

The Vorys team is led by Nathaniel Lampley, the co-managing partner of the firm’s Cincinnati office. He’s also a member of Vorys’ litigation group. Lampley has previously worked with Kroger on several class-actions cases.

The Weil, Gotshal & Manges lawyers are led by partner Mark A. Perry, co-head of firm’s appeals and strategic counseling practice.

Kroger in 2022 agreed to buy Albertsons, a deal that the FTC later moved to block on antitrust grounds. The case is moving through the FTC’s administrative court system, with a trial is set to begin Aug. 26.

Kroger, which is based in Cincinnati, Ohio, is requesting a preliminary injunction to block the FTC proceeding.

Manhattan-headquartered Weil is the 26th largest US law firm, bringing in more than $1.8 billion in gross revenue last year, according to data from The American Lawyer.

Vorys has approximately 375 lawyers and nine offices. The firm reported $231 million in gross revenue last year, placing 157th.

Kroger has spent about $535 million on merger-related fees since agreeing to acquire Albertsons in 2022, according to Securities and Exchange Commission filings, Bloomberg reported. Those fees include lawyers, bankers, consultants and employee retention-related bonuses.