A U.S. judge dismissed a consumer lawsuit challenging Kroger's $25 billion bid for rival grocer Albertsons , days after a hearing where the court criticized the private antitrust complaint as 'weak.'
In his Wednesday, U.S. District Judge Vince Chhabria in San Francisco said the 25 plaintiffs in California, Texas, Florida and other states had "made no effort to explain how the merger would affect any one of them personally."
"The presentation that you've made in support of your preliminary injunction is so weak," Chhabria said. He added: "You've provided no evidence. You've provided no analysis. You've provided no declaration from an expert about the effect that this will have on competition." U.S. antitrust law allows private plaintiffs to challenge mergers apart from any federal agency action.
"Why can't I stop the merger in December or January, once I know what the merger looks like?" Chhabria asked.
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