Albertsons-Kroger trial opens in Delaware over collapsed $24.6B merger

Albertsons and Kroger began a two-week bench trial in Delaware Chancery Court on October 19, 2026, over who bears responsibility for the collapse of their proposed $24.6 billion merger, which a federal court blocked in December 2024 on antitrust grounds. Albertsons alleges Kroger knowingly breached the merger agreement by failing to take the steps needed to secure regulatory approval, and is seeking more than $9.3 billion, including a $600 million termination fee plus interest, costs and the lost stockholder premium. Judge Lori Will will decide whether Kroger's conduct amounted to a knowing breach of the deal agreement.

Why it matters. The ruling could shape how companies draft and litigate antitrust-closing-condition obligations in future mega-mergers, a question of direct interest to shareholders in failed large-scale deals.