Albertsons and Kroger Wrap Witness Testimony in Delaware Trial Over Failed $25 Billion Merger

Albertsons and Kroger are scheduled Friday to conclude witness testimony in a Delaware Chancery Court trial over their failed $25 billion merger, a case deal lawyers are watching closely for its implications on future merger agreements. Albertsons alleges Kroger failed to take the steps needed to secure antitrust approval and is seeking $9.3 billion in damages, including the $600 million termination fee. Kroger disputes the claim, arguing the merger was "doomed from the beginning" due to state and federal regulatory opposition, and notes it did propose a major divestiture. A large judgment for Albertsons could reshape how future deals are structured, potentially requiring detailed divestiture plans or language making termination fees the sole financial remedy if regulators block a transaction.