Kroger (KR.N) sued the U.S. Federal Trade Commission on Monday, seeking to block the regulator from reviewing the grocery chain's proposed $25 billion merger with smaller rival Albertsons (ACI.N) in its in-house tribunal.
Kroger called the tribunal unconstitutional, saying the matter should be resolved in a federal court.
The lawsuit filed in Cincinnati comes a week before the company is scheduled to face a trial where the FTC has asked a federal judge in Portland, Oregon, to temporarily block the merger while its in-house judges review the deal.
That in-house review could take years, Kroger said in the lawsuit.
Kroger Chairman Rodney McMullen said in a statement that the company is "prepared to defend this merger in the upcoming trial in federal court – the appropriate venue for this matter to be heard."
"We are asking the court to halt what amounts to an unlawful proceeding before the FTC's own in-house tribunal," he said.
A spokesperson for the FTC declined to comment.
