Court shopping

The mega merger of Kroger and Albertsons is poised to do more than change the signs and prices at your supermarket. As the grocery giants fight with attorneys general in several states, a pivotal showdown with the Federal Trade Commission in Ohio could wind up expanding Kroger’s brand and hobbling the administrative state all at the same time. 

Kroger and Albertsons’s $24.6 billion plan to join forces is a relatively simple one. The grocery chains are eyeing big-box stores, such as Walmart, Target, and Costco, edging in on the supermarket business as a threat to their viability. If they want to stay in business and provide customers with affordable food and ingredients, they need to combine to survive.