Oregon Seeks $2.25M in Kroger Attorneys' Fees for Blocked Merger

Oregon AG News & Media Releases

Filed April 1st, 2026

Detected April 2nd, 2026

Summary

Oregon, leading a nine-state coalition, filed a fee petition seeking approximately $10.3 million in attorneys' fees and costs from Kroger following the states' victory in blocking the $25 billion Kroger-Albertsons merger. Oregon's share totals $2,251,375 ($1,806,287 in fees and $445,088 in expenses). A February 27, 2026 court ruling found the states prevailed in FTC et al. v. Kroger and are entitled to recover their legal costs.

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What changed

Oregon, leading a nine-state coalition including Arizona, California, D.C., Illinois, Maryland, Nevada, New Mexico, and Wyoming, filed a fee petition totaling approximately $10.3 million in attorneys' fees and costs on March 31, 2026 (ECF No. 594). Oregon's portion is $2,251,375, reflecting the state's significant litigation investment in blocking the proposed $25 billion Kroger-Albertsons merger. The February 27, 2026 court decision established that the states prevailed in FTC et al. v. Kroger and are entitled to recover their legal costs under fee-shifting provisions.

Kroger must respond to the fee petition through the court process. If approved, the fees will be paid by Kroger directly rather than Oregon taxpayers. The case demonstrates state attorneys general filling the vacuum left by retreating federal antitrust enforcement, challenging corporate consolidation, and successfully recovering litigation costs from corporations whose mergers are blocked.

What to do next

Monitor the fee petition proceedings in FTC et al. v. Kroger for the court's decision on the fee award
Review internal merger review processes given heightened state antitrust scrutiny of large consolidation attempts
Note that corporations facing blocked mergers may face fee-shifting obligations to states

Penalties

Attorneys' fees of approximately $10.3 million if petition approved (Oregon's share $2,251,375)

Source document (simplified)

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Attorney General Rayfield Makes Kroger Pay for the Fight – And Sends a Message to Monopoly-Minded Corporations

April 1, 2026 • Posted in Homepage, Media Release

Oregon leads nine-state coalition in filing $10.3 million fee petition showing states will hold the line where federal enforcers won’t

Attorney General Dan Rayfield today announced that Oregon is seeking more than $2.25 million in attorneys’ fees and costs from Kroger after the state helped block the grocery giant’s proposed $25 billion merger with Albertsons. Oregon led eight other states in filing a fee petition totaling approximately $10.3 million – money the states are entitled to recover after a court ruled they prevailed in the landmark antitrust case.

“When federal enforcers step back, states step up,” said Attorney General Rayfield. “Recovering attorneys’ fees is one way Oregon can sustain that work – making it clear to corporations that when they push deals that harm consumers, they will be held accountable, and Oregon taxpayers won’t be left to foot the bill.”

This follows a February 27, 2026 court decision finding that the states had prevailed in FTC et al. v. Kroger and were entitled to recover their legal costs. Oregon’s share – $1,806,287 in fees and $445,088 in expenses, totaling $2,251,375 – reflects the significant resources the state invested in the litigation. The nine-state coalition’s combined request of approximately $10.3 million, if approved, will be paid by Kroger, not Oregon taxpayers.

This case illustrates what it looks like when states hold the line. As federal antitrust enforcement has retreated, state attorneys general have moved to fill that vacuum – defending consumers, protecting workers, and challenging corporate consolidation that Washington is no longer willing to confront. When states win those fights, the law allows them to shift the cost of litigation back to the corporations that forced it.

The proposed merger would have combined two of the largest grocery chains in the United States, eliminating competition in hundreds of communities across the country – including in Oregon. Economists and consumer advocates warned the deal would lead to higher prices at the checkout line, reduced wages for grocery workers, and fewer stores in communities that could least afford to lose them.

Oregon led today’s filing that included Arizona, California, the District of Columbia, Illinois, Maryland, Nevada, New Mexico, and Wyoming.

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