Lawyers for Kroger said in a filing in California federal court that the grocery store shoppers who sued over the deal have failed to define the relevant market necessary to evaluate grocery store competition and to identify how the acquisition would hurt consumers. The attorneys said the lawsuit was lacking “real-world facts.”
U.S. competition law “does not turn every grocery store consumer in the country into a roving antitrust enforcer,” lawyers for Kroger told U.S. District Judge Vince Chhabria.
A hearing is scheduled for May 18.
An Albertsons spokesperson declined to comment, and representatives for Kroger did not immediately respond to similar messages.
The suit from 25 consumers in states including California, Texas and Florida was filed amid the Federal Trade Commission’s review of Kroger’s proposed acquisition. State antitrust enforcers also are looking at the deal.
U.S. antitrust law allows private actions against mergers…
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