Kroger-Albertsons Merger: Why is it Facing Obstacles While European Supermarkets Mergers Flourish?

 

The proposed merger between Kroger and Albertsons, two of the largest grocery retailers in the United States, is facing significant regulatory hurdles, with the Federal Trade Commission (FTC) putting the brakes on the deal. This has raised eyebrows, particularly when contrasted with the relatively smooth approval processes seen in Europe for similar supermarket mergers, such as Carrefour’s acquisition of Intermarché stores and the rebranding of Cora supermarkets.

This situation begs the question: why are mergers in the European retail sector proceeding with fewer obstacles, while in the U.S., the supposed land of free markets and entrepreneurship, the Kroger-Albertsons deal is being met with staunch opposition?

A Tale of Two Markets: U.S. vs. Europe

The United States has long been known as a bastion of capitalism, where businesses are believed to have the freedom to grow with less government interference. However, the reality is more complex, particularly when it comes to antitrust regulation. The FTC’s concern is that the Kroger-Albertsons merger could harm consumers by creating an entity too dominant in the grocery space, potentially stifling competition and leading to higher prices. The scrutiny here highlights a core difference between how the U.S. and Europe approach large-scale mergers.

In Europe, Carrefour has not only been able to acquire 31 Intermarché stores but is also rebranding 60 Cora supermarkets without facing the same level of regulatory scrutiny. In fact, European regulators often look at mergers through a different lens. The emphasis is more on market efficiency and ensuring consumer protection through enhanced competition, not necessarily by limiting the size of companies. As long as consumers are benefiting from competitive pricing and a wide range of choices, European regulators tend to take a more lenient approach to consolidation within the industry​

 

Historical Context: U.S. Antitrust and Retail Mergers

The FTC’s stance on the Kroger-Albertsons merger isn’t without precedent. Historically, American regulators have taken a hard line on mergers that risk reducing consumer choice. One example is the failed Staples and Office Depot merger in 2016, where concerns about market concentration ultimately led to the deal being blocked. Similar issues were raised with the proposed merger of AT&T and Time Warner in 2018, although that deal eventually went through after a lengthy legal battle.

In contrast, Europe has allowed mergers such as Sainsbury’s acquisition of Asda and Carrefour’s steady expansion to proceed. These cases were met with less resistance, as European authorities saw them as beneficial for consumers through improved economies of scale, which allowed supermarkets to negotiate better deals with suppliers and pass savings onto consumers.

A Different Competitive Landscape

One key reason for the disparity between the U.S. and Europe lies in the competitive landscape. In Europe, the grocery market is already fragmented, with strong local players like Leclerc in France and discounters like Aldi and Lidl in multiple countries. These companies exert significant pressure on larger players like Carrefour, forcing them to remain competitive. This fierce competition provides a counterbalance to the power of any one large supermarket chain, reassuring regulators that consumers will still have plenty of options.

In the U.S., however, the situation is quite different. The grocery industry is more consolidated, with a few large players—Kroger, Albertsons, Walmart, and Amazon—dominating the space. If Kroger and Albertsons were to merge, they would control a significant share of the market, potentially reducing competition in key regions. This, in turn, raises concerns about higher prices, lower wages, and diminished consumer choice.

Regulatory Philosophy: Protection vs. Efficiency

The underlying philosophy of U.S. and European regulators also diverges. U.S. antitrust policy is primarily concerned with preventing monopolies or oligopolies that can reduce competition. The FTC’s mission is to protect consumers from anti-competitive practices, which is why it tends to scrutinize mergers like Kroger-Albertsons closely.

In Europe, while consumer protection is also a priority, regulators are more open to consolidation if it leads to increased efficiency and better services for consumers. The belief is that larger companies can offer better prices due to their ability to negotiate more effectively with suppliers and manage logistics more efficiently. This is why Carrefour’s recent acquisitions, though large, have been allowed to proceed—because the ultimate goal is to benefit consumers through lower prices and more product variety.

 

The stark contrast between the challenges faced by the Kroger-Albertsons merger in the U.S. and Carrefour’s smooth expansion in Europe reflects deep differences in how the two regions approach competition and regulation. While the U.S. is often seen as the land of free enterprise, its antitrust laws are among the strictest in the world when it comes to protecting consumers from potential monopolies. In Europe, the focus is on market efficiency and ensuring that competition thrives, even if that means allowing large-scale mergers to proceed.

As the FTC continues to review the Kroger-Albertsons deal, it remains to be seen whether U.S. regulators will allow it to move forward or block it in the name of preserving competition. In the meantime, European retailers like Carrefour will continue to grow, benefiting from a regulatory environment that sees consolidation as a path to greater consumer value.