Bates White expert testifies in two state courts against Kroger–Albertsons merger
The State of Colorado Department of Law and the Washington State Office of the Attorney General retained Nitin Dua in their efforts to block Kroger Co.'s proposed $24.6 billion acquisition of Albertsons. Both states separately sued to block the merger, alleging that the deal would harm consumers. Albertsons and Kroger are among the largest supermarket chains in the country and compete head-to-head in both states. Kroger operates around 2,700 stores nationally and owns several banners in the states of Washington and Colorado, including Fred Meyer and King Soopers; Albertsons operates around 2,200 stores across the country, including the well-known store banner Safeway. The companies proposed divesting over 570 stores to C&S Wholesale Grocers in order to help win approval for the merger.
Dr. Dua opined on market definition, analyzed likely harm to consumers, and assessed the likelihood of the divestiture resolving competitive concerns. He submitted multiple reports, provided deposition testimony, and testified at both trials. Decisions in the cases are pending.