At a time when everyone is feeling the pinch of rising food prices, the largest grocery store merger in US history is looming on the horizon. Kroger and Albertsons are set to join forces in a $25 billion deal, but will the FTC be able to block it and if not, what will the deal mean for consumers? Will it exacerbate the rising cost of groceries, provide some relief, or simply go unnoticed? To help us unpack the significance of this merger and its implications for antitrust and competition law, we’re joined by Doni Bloomfield, an Associate Professor of Law at Fordham specializing in antitrust, intellectual property, and health law. From the parties’ debate about how to define the grocery market to concerns over higher food prices and reduced consumer choice, Doni explains the stakes involved. Our conversation also sheds light on the potential impact on grocery store employees, particularly those in unions whose bargaining power may be weakened if the two companies combine forces. Additionally, you’ll learn about the proposed divestiture plan, why past attempts like it have failed, and Doni’s take on price gouging allegations. Tune in to learn how this landmark merger could affect everything from the food on your table to employee wages, and why understanding the intricacies of antitrust law matters now more than ever!

Key Points From This Episode:

• Doni’s past life as a journalist and what sparked his interest in becoming a lawyer.
• Fundamental principles of competition law and why we seek to regulate monopolies.
• Legal framework for mergers: how antitrust laws govern them to protect competition.
• The market definition debate and other red flags raised by the Kroger-Albertsons merger.
• Various parties challenging this merger (including the FTC) and what their positions are.
• Insight into the merger’s impact on employees and union negotiating tactics.
• Whether the merger could make food prices worse, better, or have no effect at all.
• An overview of the divestiture strategy in this context: can it work?
• How price gouging factors into this case and the role of COVID and global conflict.
• Weighing up the potential outcomes for consumers.
• Key lessons from recent mergers that are relevant in this instance.

Links Mentioned in Today’s Episode:

Doni Bloomfield

Doni Bloomfield on X

Doni Bloomfield on LinkedIn

‘Competition and Risk’

FTC vs Kroger-Albertsons

Fordham University School of Law Corporate Law Center