11 Comments
Feb 21Liked by Matt Stoller

Quite the recurring theme for you, Matt: "This isn’t surprising, though it’s always shocking to read stuff this blatant." Hurray for my state's AG Phil Weiser!

When getting King Soopers groceries using curbside pickup, 2020-21, I had many conversations with workers bringing out the food. The Kroger's CEO's haul was $17M per year at that point, and the workers I spoke with were getting paid $16 or $17 per hour. My practice was to hand each worker a $10 bill as a tip, but then employees started telling me their bosses said they weren't allowed to take tips. There were surveillance cameras, so I began surreptitiously putting the bills in the back of the car where the groceries would go and whispering, "Hey, that green rectangle thing in there is for you." The severe inequality from the blatant greed of the executives made workers all the more appreciative.

May this merger die a slow death that (a) costs the companies a lot of money and makes them look bad, and (b) results in fines and corrective measures such as greater protection for workers.

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This is an excellent example of why antitrust investigations are important. Aggressive digging by lawyers often turns up unexpected evidence. Two large concerns merging often have skeletons in their communications that would never see the light of day without aggressive antimonopoly enforcement investigations.

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Feb 21·edited Feb 21

It could not happen to nicer people. I have heard rumors of their bad behavior for a while but I never thought anyone was ever going to do anything about it. This might even put some of the other chains on notice. By the way, if you are ever in the state grab yourself some of those Colorado Palisade peaches you mentioned.

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Feb 22Liked by Matt Stoller

If I didn't know any better I would say you were a Swift fan, “a sort of death by a thousand cuts.” just saying.

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Ah, the joys of the review process, similar to the delightful surprises that so often pop up in legal discovery. Interesting to me how this apparent collusion resembles the alleged conspiracy between DaVita and Surgical Care Affiliates not to poach each other's employees: https://www.denverpost.com/2022/04/05/davita-kent-thiry-conspiracy-trial-antitrust-denver/

DaVita and its former CEO Kent Thiry, who had been indicted in the case, were both cleared by a jury in federal court in April 2022: https://www.reuters.com/business/healthcare-pharmaceuticals/davita-its-former-ceo-acquitted-antitrust-charges-2022-04-15/ (The case against Surgical Care Affiliates was subsequently dismissed.)

I'm not a lawyer, but reading the complaints and public documents on the DaVita case, I found this ruling incomprehensible. Hoping for a more comprehensible one in WA and CO.

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It's great that they got caught.

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These prosecutors will do a great deal more good, as a side effect – above and beyond protecting consumers from price increases and employees from low wages and no other options.

Kudos go out to Colorado AG Phil Weiser, and Washington state AG Bob Ferguson. Eric, you’re lucky to have Weiser. And your personal experience was interesting. It’s amazing, that you had to go to such lengths to say, “Thank you,” financially. I’m also impressed that Ferguson caught them selling off stores to an intermediary, to close them down. And then, the strategies Ferguson exposed that they used, to ensure they’d be closed down seemed so extreme. They definitely aren’t going for short term profits. No: These folks are going for the long term monopoly profits.

I’m nowhere near Colorado or Washington state. And my beef has nothing to do with prices or having ever been employed with either grocer. But many of Albertson’s employees have indeed, participated in financial fraud, targeting me, among select customers.

See the 05-01-2023 Complaint on an incident there, at:

April 2023 - M O incident – (At Albertsons):

https://drive.google.com/drive/folders/11GskIsHfz0X944xQf7nJvtH7om0hXlog?usp=share_link

I didn’t get that paying these employees more would have made any difference. From their flagrant demeanors, they weren’t even coming from greed: Rather, the money was merely a score keeping system, to them. They felt one upmanship, by committing targeted financial fraud. When exposed, their ‘tude was, “How DARE you!!!” Like gangstas, they FEEL entitled to break the law.

It could be that consolidation encourages this kind of thinking.

Matt, your observations, within your coverage, especially, help me to understand what’s going on. They are much appreciated.

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Interesting article, thank you. How does labor fit into the Clayton act?

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Matt your reporting is just amazing. It really is. I don't hear this in any other media. Good lord, these execs these days are just brazen. That is how little they fear our judicial system.

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