Kroger and C&S Wholesale Grocers settle lawsuits 

The Kroger Co. BB #:100073 announced August 11 that it settled all pending litigation with C&S Wholesale Grocers, LLC BB #:137315. 

Earlier this year, C&S Wholesale Grocers sued Kroger for refusing to pay a $125 million termination fee after the Kroger-Albertsons merger deal fell through. At the time, Kroger said the lawsuit was baseless, and C&S had forfeited its right to the fee.

The two companies disclosed the settlement in an August 8 joint filing in the Delaware Superior Court. The terms of the settlement are confidential. 

“We are pleased to resolve the claims from C&S, and we look forward to a friendly relationship with them going forward,” said Ron Sargent, Chairman and CEO of Kroger, in a press release. “Kroger remains focused on serving our customers and running great stores across the U.S.” 

C&S agreed to acquire nearly 600 stores that would be divested if the Kroger-Albertsons merger was approved. However, C&S executives weren’t happy with the store selection they were offered, according to court documents. C&S said it believed it would compete more effectively with well-known banners such as Safeway, Vons, or Jewel-Osco, but instead was being offered what it considered lesser banners in Haggen, Mariano’s, QFC, and Carr’s. 

In June, C&S announced plans to acquire SpartanNash, with the deal expected to close later this year.