The Kroger Co. filed its answer and counterclaims to the complaint brought by Albertsons in the Delaware Court of Chancery regarding the previous merger agreement between the two companies. The merger was terminated in December.
“While Kroger was working diligently to seek regulatory approval and close the merger, Albertsons was engaging in a secret and misguided campaign, together with C&S Wholesale Grocers, the divestiture buyer, to pursue its own regulatory strategy, which ultimately undermined Kroger’s efforts,” Kroger wrote in a news release.
The company said that as a result of its misconduct, Albertsons is not entitled to the $600 million termination fee, nor any other damages it seeks.
