Kroger Files Motion to Enjoin the FTC's Administrative Merger Challenge

The Kroger Co. today filed a motion for preliminary injunction in the U.S. District Court, Southern District of Ohio, against the Federal Trade Commission's (FTC) administrative proceeding challenging the company's merger with Albertson's Companies, Inc. The company argues that by proceeding in its administrative tribunal, in addition to the separate action in federal court, the FTC is violating Constitutional protections.

The motion details how the FTC's administrative proceeding against the merger clearly violates the Constitution in two areas:

  • First, the FTC violates Article II of the Constitution because...

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