Haggen Albertsons: Haggen lawsuit claims Albertsons tried to eliminate competition

Haggen Albertsons: Haggen accusation claims Albertsons approved to annihilate competition, The Haggen bazaar alternation claims Albertsons affianced in "coordinated and analytical efforts to annihilate competition" afterwards inducing Haggen to acquirement 146 food in 5 states, including Nevada.

"If Albertsons is acknowledged in antibacterial Haggen as a applicable competitor, Haggen's damages, which cover the absent -to-be bulk of the acquisition, may exceeed $1 billion," according to a federal accusation filed by Haggen Holdings LLC.

Haggen, which is based in Bellingham, Wash., filed the complaint this anniversary in Delaware.

The accusation accuses Albertsons of attempted monopolization, aperture of contract, fraud, arbitrary antagonism and confiscation of barter secrets. Albertsons ahead filed a accusation that accuses Haggen of breaching the acquirement acceding and committing fraud.

In a statement, Albertsons alleged the allegations in the Haggen complaint "completely afterwards merit" and vowed to avert the case "vigorously."

"Recently, Albertsons was affected to sue Haggen for an bulk in balance of $40 actor for contributed inventory. Rather than paying the amounts owing, Haggen responded by filing this accusation adjoin us in an attack to avert absorption from their abortion to accede with basal acknowledged obligations."

According to the Haggen complaint, Albertsons' conduct has decreased superior and added prices for bags of barter in Nevada, California, Oregon, Washington, and Arizona. In addition, the accusation alleges, it has acquired the "needless accident of jobs captivated by innocent workers" and inflicted astringent banking abuse on Haggen.

Albertsons' attack "fits hand-in-glove with its contempo acquisition" of Safeway, according to the complaint.

The two chains appear in March 2014 that they advised to merge. In January, the Federal Barter Commission appear that Albertsons and Safeway had agreed to advertise some of their food to win U.S. antitrust approval for the merger.

"In adjustment to argue Haggen to acquirement 146 stores, Albertsons fabricated apocryphal representations to both Haggen and the FTC about Albertsons' charge to a seamless transformation of the food into applicable competitors beneath the Haggen banner," the Haggen accusation alleges.

Deal for food totaled $300 million

Haggen accomplished a accord in December to buy the food for added than $300 million. During the alteration process, the company's accusation alleges, Albertsons "launched its plan to accretion bazaar power" by hamstringing Haggen's adeptness to accomplish the food auspiciously afterwards demography ownership.

"Recognizing that its competitor's success or abortion hinged on its antecedent fair appraisement of an adapted account of products, Albertsons boarded on an actionable arrangement to attenuate the actual antagonism that the FTC approved to preserve," according to the complaint.

For instance, the accusation alleges, Albertsons provided inaccurate and abridged amount advice to Haggen about articles on the shelves of transferred stores, "causing Haggen to tag articles with aggrandized prices and causing barter to achieve that Haggen was amount gouging on articles that, just 48 hours earlier, had been priced abundant cheaper."

The certificate aswell claims Albertsons cut off commercial for Haggen-acquired food "in adjustment to abatement chump cartage above-mentioned to and arch into the conversion."

At one Henderson store, for example, the accusation claims Albertsons "stopped sending any advertisements two weeks above-mentioned to conversion."

"Albertsons' anti-competitive accomplishments alarmingly damaged the operations, chump service, cast amicableness and advantage of the abundance from the outset," the accusation alleges. "Haggen never advised to abutting any of the food it acquired. To the contrary, Haggen saw these food as an agitative befalling to transform itself into a super-regional grocer with a attendance up and down the West Coast, and its plan was to accompany new communities beneath the admired Haggen banner."

Albertsons' conduct afresh affected Haggen to abutting 26 of the food that it had acquired as allotment of the Albertsons divestiture, according to the complaint, and Haggen "faces the abeyant cease of added stores."

Seven food in Southern Nevada

Haggen has opened seven food in Southern Nevada in contempo months. No Nevada food appeared on the account of 27 abundance closures appear by Haggen in mid-August.

The accusation aswell accuses Albertsons of breach Haggen account to Albertsons stores. Days afore the about-face of one Las Vegas store, for example, a abundance administrator ordered account that was meant for Haggen.

"However, Albertsons absent the addition to an Albertsons abundance that was not alteration buying and billed the Haggen Las Vegas, NV abundance for the account that it never received," according to the complaint.

In its statement, Albertsons accurately denied it has affianced in anti-competitive or inappropriate practices in its affairs with Haggen.

"The divesture of food to Haggen followed the action bent by the Federal Barter Commission (FTC) order. Like the action followed by Albertsons in above-mentioned divestitures, our action with Haggen was the accountable of approved letters to the FTC and analysis by the adviser trustee appointed by the FTC. From the outset, Albertsons has annoyed its obligations and formed to ensure the success of the alteration of the bald food to Haggen and several added companies."

According to the Haggen lawsuit, the aggregation provided Albertsons with apprehension of its breaches of the acquirement acceding on June 29 "in an attack to abode some of the parties' disputes afterwards the charge for litigation."

Without responding to the notice, "Albertsons raced to the courthouse" to book its own lawsuit, according to the Haggen complaint.

The Haggen accusation seeks bearding damages. Alternatively, it seeks a acknowledgment that Haggen has the appropriate to abolish the acquirement agreement.

Contact anchorman Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer
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