Chris Kayser Leads States in Major Step in Antitrust Case

Partner Chris Kayser serves as Special Assistant Attorney General to the Oregon Department of Justice in its successful antitrust suit seeking a preliminary injunction preventing Kroger Company’s acquisition of Albertsons Companies, Inc. Oregon led a coalition including the FTC, eight states, and the District of Columbia in arguing that the proposed merger would have eliminated competition, leading to higher prices and fewer stores across the country. The United States District Court for the District of Oregon issued a preliminary injunction on December 10, 2024, effectively blocking the merger.

Chris and the LVK team then led briefing and oral argument on whether the states had “substantially prevailed” under the Clayton Act and were therefore entitled to recover attorney fees and costs, a matter of first impression. After the court’s February 27, 2026 decision in favor of the states, LVK coordinated the March 31, 2026 filing of the states’ petition for attorney fees and costs.

As announced by the Oregon DOJ, Oregon is seeking $2.25 million in fees and expenses as part of the $10.3 million total request. Attorney General Dan Rayfield explained, “When federal enforcers step back, states step up. Recovering attorneys’ fees is one way Oregon can sustain that work – making it clear to corporations that when they push deals that harm consumers, they will be held accountable, and Oregon taxpayers won’t be left to foot the bill.” LVK is proud of its extensive representation of public entities and its role in the Oregon DOJ’s tireless work defending the citizens of Oregon and the rule of law.