Closing arguments heard in trial to block Kroger-Albertsons merger

DENVER — After three weeks of testimony, closing arguments were heard Friday in the Colorado antitrust trial regarding the planned nationwide merger of Kroger and Albertsons.

Albertsons owns 103 Safeway stores and two Albertsons stores in Colorado.

Under the proposal, Kroger would obtain 14 of those locations, and the remaining 91 stores would be sold to a wholesale company named C&S Wholesale Grocers.

The Colorado Attorney General’s Office has argued less competition for Kroger will lead to higher prices for Colorado consumers and has argued that C&S is not prepared to run retail stores like Safeway.

“This is not a group of people whose goal is to run a successful retail operation,” Arthur Biller said. “They are wholesalers, and their mindset is all about benefiting wholesale. That’s exactly why it’s so dangerous to let this company buy these stores in Colorado.”

Biller is a lawyer for the Colorado Attorney General’s Office and spent the majority of his closing argument time Thursday talking about concerns regarding C&S.

“Kroger says they need this merger to compete. So, these two giants don’t have enough scale, but C&S does?” Biller asked. “So, C&S, with a fraction of the stores, no nationwide footprint, a fraction of the personnel and none of the retail backbone, is somehow going to accomplish what Albertsons can’t?”

Matt Wolf, an attorney representing Kroger, argued that the true competition facing Kroger is not Albertsons, but instead companies like Amazon, Costco and Walmart.

The judge handling the case will now review documents, with a return date for a potential decision set for November 7th.