Kroger/Albertsons: FTC’s Novel Argument About Unionized Labor Is Untested at Trial But May Avoid Pitfalls of Past Antitrust Suits

The FTC’s challenge to Kroger’s (KR) proposed $24.6 billion acquisition of rival supermarket operator Albertsons (ACI) is relying on a novel labor argument that, although untested in court, might avoid pitfalls that plaintiffs have experienced in bringing antitrust cases involving workers.