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Division 1 Court of Appeals

State of Washington v. The Kroger Co., et al.


  • The State of Washington (State) brought a claim under the Consumer Protection Act, seeking to stop a merger between The Kroger Co. and Albertsons Companies, Inc. (collectively “Kroger”). After a bench trial, the trial court granted a permanent injunction and awarded the State, as the prevailing party, attorney fees and costs. Kroger challenges the injunction, arguing it violated the dormant commerce clause and full faith and credit clause. Kroger also challenges the award of attorney fees and costs. The State responds, among other things, that Kroger’s constitutional claims are moot, and that the trial court properly awarded the attorney fees and costs because they provided sufficient documentation in support of their request. COA #879553. King County Superior Court #24-2-00977-9 SEA.