Christine P. Bartholomew, University at Buffalo

Albertsons announced on Dec. 11, 2024, that it had called off an attempted merger with Kroger and would sue Kroger for breach of contract. The US$25 billion deal, first announced in 2022, would have combined Cincinnati-based Kroger, already the largest traditional U.S. supermarket chain, with Boise, Idaho-based Albertsons, which is currently the third-biggest grocer.

The Conversation U.S. asked Christine P. Bartholomew, a professor at the University at Buffalo School of Law who researches consumer protection, to explain how the merger failed and why it matters.

Which supermarkets belong to the two companies?

Kroger has 28 subsidiaries with nearly 2,800 supermarkets, including Harris Teeter, Dillon’s, Smith’s, King Soopers, Fry’s, City Market, Owen’s, JayC, Pay Less, Baker’s Gerbes, Pick‘n Save, Metro Market, Mariano’s Fresh Market, QFC, Ralphs and Fred Meyer.

Albertsons owns and operates more than 2,200 supermarkets through its many brands. They include Safeway, Vons, Jewel-Osco, Shaw’s, Acme, Tom Thumb, Randalls, United Supermarkets, Pavilions, Star Market, Haggen, Carrs, Kings Food Market and Balducci’s.

Kroger and Albertsons also operate supermarkets branded with their own names.

Had the merger gone forward, it would have been the largest of its kind in U.S. history, affecting millions of grocery shoppers.

To ward off regulators’ concerns, prior to canceling the transaction, the chains announced in 2023 a plan to sell hundreds of their supermarkets across the United States to C&S Wholesale Grocers. They updated this plan in 2024, pledging to not close any stores.

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Why did Kroger want to acquire Albertsons?

The companies argued that they needed to join forces to compete against even bigger online and big box retailers. In recent years, Walmart and Costco have gained market share, while other chains have held steady or lost ground.

The companies also feared stiff competition from dollar stores, one of the fastest-growing segments of U.S. retail.

The federal government opposed the merger, with the U.S. Federal Trade Commission suing to block it. Had the deal gone through, the new company would have cemented its position, ensuring it has the largest market share for grocery purchases after Walmart.

What happened in court?

In February 2024, the FTC, along with state attorneys general representing consumers in eight states – Arizona, California, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming – filed a federal lawsuit in Oregon to block the merger. So did the District of Columbia’s attorney general.

This wasn’t the only legal challenge the merger faced. The Washington and Colorado attorneys general both filed suit in their own states to block the merger.

After hearings in both cases and months of uncertainty, the judges in both Oregon and Washington issued their rulings.

U.S. District Court Judge Adrienne Nelson, in Portland, Oregon, on Dec. 10, which blocked the merger pending the outcome of the administrative proceedings before the FTC.

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A few hours later, Judge Marshall Ferguson in Seattle issued a permanent injunction barring the merger in Washington state only. Both judges determined that the merger risked significantly reducing competition and that the companies didn’t offer enough evidence that the merger would help consumers.

“We’re standing up to mega-monopolies to keep prices down,” Ferguson said. He called the injunction “an important victory for affordability, worker protections and the rule of law.”

Albertsons and Kroger’s plan to offload stores to C&S didn’t impress the judges. Not only did Nelson find the divestiture insufficient in scale, but she ruled it was “structured in a way that will significantly disadvantage C&S as a competitor.”

Albertsons v. Kroger

The morning after the Washington and Oregon decisions were issued, the deal was dead.

Albertsons announced it terminated the merger agreement, citing the court decisions.

Both companies still face significant legal challenges, though. Five minutes after announcing its intent to back out of the deal, Albertsons issued a second press release announcing it had filed a lawsuit against Kroger.

Albertsons said Kroger willfully breached the deal “by repeatedly refusing to divest assets necessary for antitrust approval, ignoring regulators’ feedback, rejecting stronger divestiture buyers and failing to cooperate with Albertsons.” The suit seeks significant damages, including “billions of dollars” for lost shareholder value and legal costs, as well as a $600 million merger breakup fee.

In response, Kroger said that “Albertsons’ claims are baseless and without merit.”

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Albertsons’ suit against Kroger is pending in Delaware Court of Chancery, which hears many legal business disputes. The complaint remains temporarily under seal.

This article includes passages that appeared in an article about the proposed merger that was published on Feb. 28, 2024.

Christine P. Bartholomew, Professor of Law, University at Buffalo

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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71% of Consumers are Ready to Pay More to Shop at Small Businesses This Holiday Season

TEMPE, Ariz. /PRNewswire/ — Consumers are in a giving mood this year, not just toward their friends and families, but also to small businesses. According to a new GoDaddy survey, 71%* of U.S. shoppers are willing to pay more to support small businesses during Black Friday and this year’s holiday season, with an eye-popping 53%* of them willing to spend up to 10 percent more to do so. 

Despite 65%* of survey respondents agreeing that inflation will impact their shopping this holiday season, their desire to shop small is clear. More than 3 in 4 (78%)** people are as or more likely to shop at a small business this Black Friday and throughout the holidays compared to previous years, with Gen Z being the most likely to shop small (85%)** and Millennials following closely behind (83%)**.  

Of the reasons to favor small businesses, 30% of respondents cited wanting to support their local economy, while 18% claimed doing so led to better customer service, and 13% preferred unique or handmade products**. 

The Stakes Are Big for Small Businesses 

GoDaddy surveyed U.S. consumers to help small businesses understand their customers’ shopping priorities during the all-important holiday season. According to the survey results, 40%* of U.S. consumers plan to do most of their holiday shopping in the next four weeks, with almost 1 in 5 (19%)* planning to do the bulk of their shopping on Black Friday alone.  

“Black Friday has long been considered peak selling season for large retailers, but GoDaddy’s research makes it crystal clear U.S. shoppers are willing and eager to make this the smallest Black Friday ever,” said GoDaddy Small Business Trends Expert, Amy Jennette. “Despite inflation concerns and rising costs, consumers want to support their local businesses and economies.” 

Jennette continued: “To take advantage of this opportunity, small businesses should lean into the ‘shopping small’ experience that consumers value and are willing to pay more for. They can do this by focusing on unique holiday promotions and offers to attract traffic and provide superior customer service along with unique products and experiences they can’t find elsewhere.” 

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Who Consumers Are Shopping for and How Much They’re Spending  

GoDaddy’s survey also shows consumers are embracing the spirit of giving. Nearly one-third (31%) of consumers purchase gifts for six or more people, and 10%* extend their shopping lists to more than 10 people. 

For many, the holiday season is a time to show their generosity, with about a fifth of respondents (22%)** typically spending more than $100 per person. Additionally, 32% of shoppers who participated in the survey reported spending between $51 and $100 per person during the holidays. That means over half (54%) of respondents plan to spend more than $50 on gifts per person this holiday season. 

Spreading holiday joy isn’t just about giving gifts to others. Two-thirds (67%)** of consumers intend to treat themselves to a holiday indulgence, as well. Gen Z is the most likely to do so, with 83%** planning to buy themselves a special item or experience. 

So Many Tools and Resources to Help Small Businesses This Holiday Season 

Small businesses looking for guidance on how to maximize their seasonal sales should visit GoDaddy’s Ultimate Guide to Holiday Campaign Planning. Valuable resources include holiday marketing advice by channel, do’s and don’ts for offering seasonal promotions, AI prompts that make it easy to manage and promote a business during the busiest time of year, and much more.  

Visit GoDaddy.com to learn more about the solutions GoDaddy offers small businesses, including the AI-powered GoDaddy Airo experience that TechRadar called “a game-changer for small businesses looking to establish their online presence, particularly because of how much time and effort it saves.”  

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Methodology
The survey data referenced in this news release was collected via two surveys in which U.S. consumers were asked about their holiday shopping habits: one conducted in October 2024 with 1,247 respondents* and one in September 2024 with 1,520 respondents**. 

About GoDaddy
GoDaddy (NYSE: GDDY) helps millions of entrepreneurs globally start, grow, and scale their businesses. People come to GoDaddy to name their idea, build a professional website, attract customers, sell their products and services, and accept payments online and in-person. GoDaddy’s easy-to-use tools help microbusiness owners manage everything in one place and its expert guides are available to provide assistance 24/7. To learn more about the company, visit www.GoDaddy.com. 

Source: GoDaddy Inc.

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Inflation remains one of the most discussed and misunderstood economic issues affecting the United States today. With rising prices impacting everything from grocery bills to gas stations, understanding the underlying causes, ongoing impacts, heresies and speculations, and possible solutions is essential. In this blog, we delve into the complexities of inflation and examine the role of government actions, particularly under the Biden Administration, in managing this economic challenge.

What Causes Inflation?

Inflation can arise from several sources, categorized mainly into three types: demand-pull inflation, cost-push inflation, and built-in inflation.

• Demand-pull inflation occurs when the demand for goods and services exceeds their supply.
• Cost-push inflation is caused by an increase in the costs of production, such as raw materials and wages.
• Built-in inflation emerges from the expectation of future price increases, leading workers to demand higher wages, which companies pass on to consumers as higher prices.

Understanding these mechanisms is crucial to addressing inflation effectively, as each type may require different policy responses.

Current Causes of Inflation in the US

Today, the US economy faces inflation driven largely by post-pandemic economic recovery dynamics. Key factors include supply chain disruptions, increased consumer spending, substantial government stimulus measures, and global economic pressures. Each of these factors has combined in unique ways to push prices upward, albeit hopefully temporarily.

Heresies, Speculations, and Truths

A significant point of contention and speculation revolves around the concept that corporations are exploiting these turbulent times to increase prices disproportionately, thereby boosting profits at the expense of consumers. While businesses are indeed facing increased costs, the extent to which these are being passed on to consumers varies by industry and firm, leading to debates over potential price gouging.

This raises an essential question: Are current inflation trends purely the result of macroeconomic factors, or are they exacerbated by strategic corporate pricing behaviors? The truth likely lies somewhere in between, reflecting the complex interplay of cost-driven pricing adjustments and market power.

Policy Responses and Actions by the Biden Administration

Addressing inflation requires a combination of monetary policy, fiscal adjustments, and targeted interventions.

• Monetary Policy: Traditionally managed by the Federal Reserve, this includes manipulating interest rates and controlling the money supply to temper economic overheating.
• Fiscal Policy: Here, government spending and taxation play roles—areas where the administration has significant influence.
• Regulatory Measures: The government can enforce antitrust laws, monitor unfair pricing practices, and ensure a competitive market environment.

Under President Biden, the Inflation Reduction Act represents a broad policy measure ostensibly designed to tackle inflation by making long-term investments in energy infrastructure, healthcare, and tax reforms. While its name suggests an immediate reduction in inflation, its actual impacts are geared more towards future economic stability and growth.

Furthermore, the administration can support the economy through social programs, wage supports, and direct financial aid, which can alleviate the burden on consumers and help stabilize demand.

Something to Think About

While inflation remains a pressing issue, it is clear that no single policy or action can completely address its varied causes. A balanced approach that includes responsible monetary policy, prudent fiscal management, and firm regulatory oversight is essential. Moreover, clear communication and strategic planning by the administration can help set realistic expectations and guide the economy toward a more stable future.

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In tackling inflation, understanding its roots, dispelling myths, and implementing a holistic strategy are vital steps forward for the Biden administration and other stakeholders. As we navigate these economic challenges, staying informed and engaged is crucial for all citizens.

References and Resources

Understanding inflation involves a multi-faceted approach, taking into account economic theories, current events, and policy impacts. Here are some resources that can provide a well-rounded view of the ongoing discussions and analyses regarding inflation in the current US economy:

1. Federal Reserve Economic Data (FRED) – St. Louis Fed

• Website: FRED – Economic Data
• Description: Access a wealth of data on inflation, interest rates, employment, and more. An invaluable tool for analyzing economic trends.

1. Bureau of Economic Analysis (BEA)

• Website: BEA – U.S. Economic Accounts
• Description: Find detailed economic analyses and data on GDP, consumer spending, and corporate profits, all of which tie into broader inflation discussions.

1. The Economist – Finance and Economics Section

• Website: The Economist
• Description: Offers insightful articles on global and US economic conditions, including expert analyses on inflation and government policies.

1. “The Causes and Consequences of Inflation” – Brookings Institution

• Website: Brookings
• Description: Brookings provides thorough research articles and papers on economic topics, including detailed discussions on inflation causes and effects.

1. “Inflation Dynamics and Monetary Policy” by the International Monetary Fund (IMF)

• Website: IMF Publications
• Description: This paper discusses inflation dynamics and the impact of monetary policy, offering a global perspective that can also be applied to the US context.

1. Wall Street Journal – Economy Section

• Website: WSJ – Economy
• Description: Regular updates on economic trends, inflation rates, and Federal Reserve actions, with professional commentary.

1. “Principles of Economics” by N. Gregory Mankiw

• Where to find: Amazon or your local bookstore
• Description: Although not an article, this textbook provides a solid foundation in economic principles, including detailed discussions on how inflation works.

1. National Bureau of Economic Research (NBER)

• Website: NBER
• Description: A wealth of research papers on economic topics, including inflation studies that help explain current trends in the US.

By exploring these resources, you can gain a deeper insight into how inflation is currently affecting the US economy, what the potential future trends could be, and how policy decisions influence the economic outlook.

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