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Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Albertsons Companies is seeking more than $9 billion from Kroger over the collapse of their proposed supermarket merger, according to an October 12, 2026 report. The demand is part of pending litigation in Delaware Chancery Court—not a judgment that Kroger owes the money. A two-week trial is scheduled to begin October 19, 2026, although the docket and schedule can change.
What Albertsons is asking for
Albertsons says Kroger breached obligations in the merger agreement and is seeking a $600 million termination fee plus additional damages. The company previously told the Securities and Exchange Commission that its damages would be determined at trial. The reported demand therefore combines a specified contractual fee with a much larger, separately disputed damages claim.
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The proposed acquisition was valued at $24.6 billion, rather than exactly $25 billion. The transaction was halted in September 2024 after the Federal Trade Commission challenged it as anticompetitive. The regulatory challenge and the companies’ later contract dispute are separate issues: the FTC addressed competition concerns, while the Delaware case concerns what the merger agreement required after the deal failed.
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Why Albertsons says Kroger should pay
Albertsons’ position is that Kroger did not perform obligations required to obtain regulatory approval. In that account, Kroger’s conduct triggered the contractual termination fee and caused additional losses tied to the failed transaction. Albertsons is asking the court to determine the amount of those additional damages, which is why the total demand exceeds the $600 million fee.
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The more-than-$9-billion figure is a litigation demand reported by Bloomberg Law, not an amount awarded by a court. The available reporting does not provide the underlying calculation, financial model or expert testimony supporting the additional-damages figure.
How Kroger responds
Kroger denies Albertsons’ account and says Albertsons failed to perform its own obligations. Kroger argues that Albertsons is not entitled to the $600 million termination fee and has filed counterclaims. The October 12 report also describes Kroger’s position that Albertsons’ additional-damages theory involves estimated taxes on the premium associated with the deal. That description reflects Kroger’s argument, not an established calculation or finding.
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| Issue | Albertsons’ position | Kroger’s position |
|---|---|---|
| Regulatory-approval obligations | Kroger failed to carry out required obligations. | Albertsons failed to carry out its own obligations. |
| $600 million termination fee | The fee is owed under the merger agreement. | Albertsons is not entitled to the fee. |
| Additional damages | More than $9 billion in total damages is sought, including the fee and additional losses. | The additional-damages theory is disputed; Kroger has counterclaimed. |
| Legal status | Claims presented to the Delaware Chancery Court. | Defenses and counterclaims presented to the same court. |
When the trial starts
Albertsons’ SEC filing lists October 19, 2026, as the scheduled start of a two-week trial in Delaware Chancery Court. The court will consider the merger agreement, the parties’ performance, the termination-fee provision and any proof supporting additional damages. A scheduled trial is not a decision on liability or value.
Because the damages filing and later responses are not included in the available source material, the precise computation remains unresolved. Anyone following the case should check the live Delaware docket for adjournments, rulings, amended claims or settlement activity before relying on the October 19 schedule.
What has—and has not—been decided
- Established: the proposed acquisition was valued at $24.6 billion, the FTC challenged it as anticompetitive, and the deal was halted in September 2024.
- Albertsons’ claim: more than $9 billion in damages, including a $600 million termination fee.
- Kroger’s defense: Albertsons is not entitled to the fee, failed to meet its own obligations and has advanced a disputed damages theory; Kroger has filed counterclaims.
- Not decided: whether either company breached the agreement, whether the termination fee is payable, the amount of any additional damages and whether either side ultimately wins.
Why the distinction matters for readers
Headlines describing Albertsons as seeking $9.3 billion or more than $9 billion use shorthand for a party’s requested remedy. They do not mean Kroger has been ordered to pay that amount, that shareholders have received it or that the court has accepted Albertsons’ calculation. The final result could be an award, a smaller amount, no recovery or a settlement, depending on the court’s findings and any agreement between the companies.
The case also illustrates why the value of a proposed merger is not the same as a breakup payment. The $24.6 billion figure describes the transaction’s announced value. The $600 million termination fee is a contractual provision. Additional damages, if legally available and proven, would be a separate remedy subject to evidence and the court’s interpretation of the agreement.
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