News & Analysis as of

Grocery Stores Competition Antitrust Provisions

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau’s Final Guidance Discourages Property Controls

The Canadian Competition Bureau (Bureau) raised concerns in its 2023 market study of the grocery sector about the use of competitor property controls (i.e., terms in commercial leases or covenants that run with the land) to...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

Wilson Sonsini Goodrich & Rosati

Seeing Double: Kroger/Albertsons Merger Blocked by Federal and State Courts

In parallel, same-day rulings, a federal and state court blocked The Kroger Company’s $24.6 billion proposed acquisition of the Albertsons Companies, Inc., relying on traditional antitrust analysis and evidence of...more

Polsinelli

The Last Hurrah: Lina Khan and the FTC’s Final Push for Substantive Antitrust Policy and Enforcement Changes

Polsinelli on

December has been a busy and banner month for the Federal Trade Commission (FTC). Following its successful suit to block the proposed Kroger-Albertsons merger, the FTC issued two significant announcements: (1) the withdrawal...more

Troutman Pepper Locke

Two Courts Block Kroger-Albertsons Merger

Troutman Pepper Locke on

Within hours of each other, an Oregon federal district court followed by a Washington state court enjoined the $24.6 billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023...more

Troutman Pepper Locke

A Look at State AGs Supermarket Antitrust Enforcement Push

Troutman Pepper Locke on

Gone are the days when state attorneys general leave antitrust enforcement to their federal counterparts at the Federal Trade Commission or the U.S. Department of Justice Antitrust Division. Originally published in Law360...more

Wilson Sonsini Goodrich & Rosati

Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

Brownstein Hyatt Farber Schreck

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more

Proskauer - Minding Your Business

Retail Marketers’ Antitrust Settlement Raises the Question: When Are Exclusive “Staggered” Contracts Anticompetitive?

If you ever noticed a coupon dispenser or colorful cardboard display while walking down the aisle of your local supermarket, there is a good chance it was put there by News Corp.’s News America Marketing (NAM) – in-store...more

Morgan Lewis

COVID-19: UK Competition Law Exemption for Dairy Industry Comes to an End

Morgan Lewis on

The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic...more

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