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FTC’s Antitrust Push Against Kroger-Albertsons Merger Faces Critical Test Over Labor Market Impact

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The FTC, under Lina Khan’s leadership, is challenging the Kroger-Albertsons merger, arguing it would harm unionized workers and reduce labor market competition. The case could set a precedent for using antitrust laws to protect workers.

Bollywood Fever: The Federal Trade Commission (FTC), led by Chair Lina Khan, faces a pivotal moment on Monday as it challenges the proposed merger between grocery giants Kroger and Albertsons. 

The case is significant not only for its potential impact on grocery prices but also for its implications on labor market competition, a key focus of Khan’s tenure.

Khan, who has been at the helm of the FTC since June 2021, has made it a priority to use antitrust laws to protect workers—a shift from the traditional focus on consumer prices. 

The Kroger-Albertsons case represents the first high-profile attempt to block a merger on the grounds that it would harm unionized workers by weakening their bargaining power.

The lawsuit argues that the merger would concentrate ownership and reduce competition, leading to higher grocery prices and diminishing the ability of unions to negotiate effectively. 

This concern is particularly acute in states like California, where many Kroger and Albertsons stores are located near one another, potentially leading to store closures and job losses.

The United Food and Commercial Workers union has expressed fears that the merger would leave many Albertsons stores vulnerable to closure, particularly in densely populated areas like Los Angeles and Orange counties. 

FTC’s Antitrust Push Against Kroger-Albertsons Merger Faces Critical Test Over Labor Market Impact
Reuters

Kroger and Albertsons, however, have countered that they would still be able to bargain jointly with unions, even without merging.

The case is a critical test of the FTC’s broader strategy to incorporate labor market considerations into antitrust enforcement. While the agency has previously raised labor concerns in other merger cases, this is the first to go to trial specifically over its impact on unionized labor.

Legal experts note that a key challenge for the FTC will be proving that union grocery store jobs constitute a distinct labor market, separate from other retail jobs. 

If the court accepts this argument, it could pave the way for future antitrust cases that focus on the effects of mergers on workers, rather than just consumers.

Khan’s focus on labor market competition has drawn criticism from some business groups, who argue that the FTC is overstepping its bounds. 

A recent court decision in Texas blocked the FTC’s ban on noncompete agreements, following a lawsuit from the U.S. Chamber of Commerce. Despite these setbacks, the agency has continued to prioritize labor issues in its merger reviews, alongside traditional concerns like consumer prices.

The outcome of the Kroger-Albertsons case could have far-reaching implications. A ruling in favor of the FTC’s labor claims could open up new avenues for challenging mergers that harm workers, adding a powerful tool to the agency’s antitrust arsenal. 

As Claire Kelloway from the Open Markets Institute noted, such a ruling “would definitely open up a lot of new potential areas for thinking about how mergers harm labor markets.”

For now, all eyes are on the court as the FTC makes its case, with the potential to reshape the landscape of antitrust enforcement in the United States.


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