Maureen Ohlhausen, Partner, Wilson Sonsini Goodrich & Rosati
Michelle Yost Hale, Partner, Wilson Sonsini Goodrich & Rosati

The Federal Trade Commission has concluded that Kroger’s $24.6 billion acquisition of Albertsons violates the Clayton Act and the FTC Act. The legal challenge relies upon a narrow market definition, disregards the parties’ proposed divestitures, and argues the merger creates a monopsony in the grocery-worker labor market. A former FTC Acting Chairman and a former FTC Mergers IV division lead attorney will examine the lawsuit’s claims and how those claims may influence future federal merger review and enforcement.