Crandall Melvin Professor of Law Shubha Ghosh has contributed the opinion article “Kroger and Albertson’s: The Food Fight Every Dealmaker Should be Watching” to Fortune. The article covers how the proposed merger failed, current filings in the Delaware Court of Chancery, and whether Kroger did indeed do everything it could to honor its contract to merge with Albertson’s.
Ghosh notes, “Kroger made a specific, unusually demanding promise that it would take ‘any and all actions’ necessary to get the merger approved. Albertsons says when the necessary actions became too expensive – when Kroger figured out it would have to sell stores and assets it wanted to keep – Kroger called it quits.”
The full article may be behind a paywall.