In 2022, Kroger Company and Albertsons Companies, Inc. announced their plan to merge. Albertsons and Kroger are among the largest supermarket chains in the country: Kroger operates around 2,700 stores nationally; Albertsons operates around 2,200 stores across the country. Their merger would have been the largest supermarket merger in US history: when it was announced, just four companies—Walmart, Kroger, Costco, and Albertsons—accounted for about half of all grocery sales. The companies proposed divesting over 570 stores to C&S Wholesale Grocers to help win approval for the merger.
The Federal Trade Commission (FTC) and numerous states filed suits to block the merger. In the complaint, the FTC and states argued that the merger would lead to higher food prices, fewer choices, and lower-quality products for shoppers. The FTC retained Nicholas Hill as an expert in its case Federal Trade Commission et al. v. Kroger Company & Albertsons Companies Inc. In separate efforts, the State of Colorado and the State of Washington also sued to block the merger. The State of Colorado Department of Law and the Washington State Office of the Attorney General engaged Nitin Dua in their efforts to block the transaction.
Supported by a team led by Allison Zalazar and Mashfiqur Khan, Dr. Hill testified on behalf of the FTC and plaintiff states in the preliminary injunction hearing in federal court. He evaluated market definition, competitive effects of the proposed merger, and the efficacy of the companies’ proposed divestiture package as the remedy.
Dr. Dua was supported by a team led by Randy Chugh, Chuhang Geissler, and Alice Ndikumana. He evaluated market definition, analyzed likely harm to consumers, and assessed the likelihood of the divestiture resolving competitive concerns. Dr. Dua submitted multiple reports, provided deposition testimony, and testified at both trials.
In December 2024, US District Judge Adrienne Nelson blocked the merger, citing concerns over its likely impact on grocery competition and favorably citing Dr. Hill’s analysis and testimony. Within hours of the FTC ruling, the Washington state court judge separately ruled that the merger violated that state's consumer-protection law, citing Dr. Dua’s testimony numerous times. The Colorado case is pending.