Kroger Files Motion to Enjoin the FTC's Administrative Merger Challenge

Core Viewpoint - The Kroger Co. is challenging the Federal Trade Commission's (FTC) administrative proceeding regarding its merger with Albertsons, claiming it violates Constitutional protections against federal overreach [1][2][3] Group 1: Legal Arguments - The company argues that the FTC's administrative proceeding violates Article II of the Constitution, as the Administrative Law Judge is not removable by the President [1] - The FTC is also accused of violating Article III by adjudicating Kroger's private rights through the Executive Branch instead of the independent Judicial Branch [1] - The FTC's attempt to split the challenge into two separate tribunals is seen as an inappropriate move to litigate the same issues multiple times [2] Group 2: Company Position - Kroger emphasizes that the merger aims to provide customers with lower prices and secure good-paying union jobs from day one [3] - The company is prepared to defend the merger in federal court, which it considers the appropriate venue for this matter [3] - Kroger is seeking a halt to what it describes as an unlawful proceeding before the FTC's in-house tribunal [3] Group 3: Context and Operations - Kroger operates with nearly 420,000 associates and serves over eleven million customers daily through various retail food stores and a digital shopping experience [4]