Attorneys’ Fees Nixed in Abandoned Kroger-Albertsons Merger Suit

The Ninth Circuit on Thursday affirmed the denial of attorneys’ fees for plaintiffs who fought to break up the planned—and later abandoned—$24.6 billion merger between US grocers Kroger Co. and Albertsons Cos.

Plaintiffs aren’t entitled to fees under the federal Clayton Act as parties who have “substantially prevail[ed]” even though the deal never went through, the US Court of Appeals for the Ninth Circuit said.

Not only did the plaintiffs not obtain relief from the district court, but they were also denied every motion they filed and had a final judgment entered against them, the court said. “So, they ...