The Kroger supermarket chain’s headquarters is shown in Cincinnati, Ohio, U.S., June 28, 2018. Picture taken June 28, 2018. REUTERS/Lisa Baertlein/File Photo
In a bold move to halt Kroger’s $25 billion acquisition of Albertsons, Washington state has engaged the prestigious law firm Munger, Tolles & Olson for legal assistance, committing up to $2.5 million for their expertise. Contract records reveal that the firm, renowned for its corporate defense work, has assigned two high-profile partners, billing over $1,100 an hour, to the case.
This legal battle, initiated by Washington in January, hinges on the claim that the merger would result in higher prices for consumers. The U.S. Federal Trade Commission and the state of Colorado are also mounting their own challenges against the transaction.
Despite the state’s aggressive stance, Kroger and Albertsons remain staunch defenders of their merger, pushing back against the lawsuits. Munger Tolles, known more for defending large corporations than representing plaintiffs, brings significant experience to the table. Their team includes antitrust experts Glenn Pomerantz and Kuruvilla Olasa, both seasoned in handling complex legal battles.
Interestingly, the firm’s involvement, initially for antitrust advice last August, was only recently disclosed in the case filings. The contract value has surged from $1 million to $2.5 million as the litigation has progressed.
Pomerantz, a heavyweight in antitrust litigation, has a notable track record, having led high-profile cases such as California’s challenge to T-Mobile’s merger with Sprint and the U.S. Justice Department’s opposition to AT&T’s acquisition of T-Mobile. He is also currently defending Google in a major lawsuit brought by “Fortnite” creator Epic Games.
On the other side, Kroger has enlisted a formidable legal team from Arnold & Porter Kaye Scholer, Weil, Gotshal & Manges, and K&L Gates. Albertsons is represented by Debevoise & Plimpton, Dechert, and Williams & Connolly.
The high-stakes case is being heard in the Superior Court of Washington for King County, under the docket number 24-2-00977-9 SEA. As the legal drama unfolds, the implications for the grocery industry and consumers alike hang in the balance.
