Ruling on Kroger/Albertsons Merger Expected Next Month

Kroger (Cincinnati) has told a court it will not get a decision from the Federal Trade Commission on its possible merger with Albertsons (Boise, Idaho) for at least another month, according to numerous reports, including BoiseDev.

Industry observers had held that a decision from the agency on whether the $24.6 billion dollar deal will be allowed to happen on Dec. 15, based on the FTC’s timeline for merger reviews. (The agency generally decides whether to take action to block — or allow — a merger within 30 days of the companies completing the requirements in their review process.) Kroger said it did that on Nov. 15, meaning a possible decision by Dec. 15. However, neither Kroger, Albertsons nor the FTC commented on a deadline, BoiseDev noted.

But a filing in an ongoing lawsuit between Kroger and a group of consumers suing to stop the deal to buy Albertsons indicates the deal won’t happen until the middle of next month.

“Pursuant to a timing agreement with the FTC, Kroger and Albertsons agreed not to consummate the merger prior to Jan. 17, 2024,” the filing notes.