Delaware judge requests divestiture logs as Kroger Albertsons trial concludes

Vice Chancellor Lori Will requested detailed accounting reports from Kroger and Albertsons following the conclusion of a two-week trial in Delaware Chancery Court, Supermarket News and Boise State Public Radio both report. The judge asked both grocery companies to assemble timeline reports detailing their store divestiture efforts prior to their failed merger deal. According to Supermarket News, the requested materials must cover all meetings, calls, correspondence, subpoenas, and hearings involving the Federal Trade Commission and state attorneys general. [1][2]

The trial follows a massive lawsuit filed by Albertsons against Kroger, Supermarket News reports. Albertsons is seeking a $600 million termination fee alongside more than $8 billion in damages, totaling roughly $9.3 billion. Supermarket News notes that Albertsons alleges Kroger failed to exert sufficient effort to divest stores to satisfy antitrust regulators. [1]

The legal battle stems from a proposed $24.6 billion merger between the two supermarket operators, as FTMQ Food reported earlier. Kroger initially pursued the deal in 2022 to boost its competitiveness against non-union retail corporations. Albertsons ranks as the second-largest supermarket chain in the United States, operating over 2,200 stores under banners such as Safeway, Vons, and Jewel-Osco, while reporting net sales above $80 billion in fiscal 2024. [6][7][8]

Boise State Public Radio reports that the case remains far from over as the court reviews the submitted evidence. Meanwhile, TheStreet reports that additional Kroger and Albertsons store locations will close in 2026. [2][3]