Dozen Republican AGs Back Kroger Challenge of FTC In-House Court

A coalition of 12 Republican attorneys general are backing Kroger Co.’s lawsuit alleging that the Federal Trade Commission’s administrative law tribunal violates the Constitution’s separation of powers.

Led by Ohio Attorney General David Yost, the top state law enforcers in a Monday brief threw support behind the supermarket chain’s claims that FTC administrative action against its tie-up with Albertsons Cos. Inc. should be enjoined on the grounds that FTC administrative law judges enjoy unconstitutional protections from removal.

Kroger brought the complaint in the US District Court for the Southern District of Ohio in August as it fights an a series ...