BOISE, Idaho – Albertsons’ high-stakes lawsuit seeking a $600 million termination fee from Kroger over their failed merger is drawing top executives into sworn testimony and intensifying a dispute over a “highly damaging” internal document.
The day after two judges blocked the proposed merger, Boise-based Albertsons filed suit, alleging Kroger owed the $600 million fee along with additional damages. While the case has moved forward largely out of public view for more than a year, recent filings in Delaware Chancery Court show the dispute is escalating over key evidence.
Albertsons contends it holds a critical slide presentation outlining Kroger’s divestiture strategy during the merger process. Kroger, however, has asked the court to exclude the document, arguing it should not be part of the record…