Yep, Kroger’s position is that the FTC is unconstitutional and that Lina Khan’s ongoing proceedings against a Kroger merger is illegal. And where did they get this crazy idea? The Chevron decision, which makes no sense to anybody except SCOTUS and corporate boards. Via Deep Dive:
Grocery chain Kroger Co. has filed a lawsuit against the Federal Trade Commission (FTC) and its Chair, Lina Khan, challenging the constitutionality of the agency’s ongoing administrative proceedings to block Kroger’s proposed $24.6 billion merger with Albertsons Companies, Inc.
This legal battle, unfolding in the Southern District of Ohio, underscores a significant confrontation between corporate America and federal regulatory authorities, with far-reaching implications for the boundaries of executive power and administrative law.
In October 2022, Kroger announced its agreement to acquire Albertsons, a move aimed at consolidating its position against industry behemoths like Walmart, Amazon, and Costco. The merger, according to Kroger, is designed to enhance competition, lower consumer prices, and improve service offerings.
