Albertsons is looking to compel Kroger to share information on potentially unethical business practices of then-CEO Rodney McMullen as the grocers’ legal battle continues, according to a legal filing on Sunday.
McMullen resigned earlier this year after an investigation by Kroger’s board found that his personal conduct was “inconsistent” with its ethics policy. A few weeks later, he also stepped down from the board of apparel and footwear company VF Corp.
Albertsons is arguing that McMullen’s actions and key position at Kroger as the companies were trying to merge “implicate his integrity, compliance with the law, and conflicts of interest he may have had, including whether his Conduct distracted from or conflicted with his obligations to Kroger during [the merger process].”
Albertsons said that Kroger has so far not provided details around the former CEO's misconduct. The grocer added it has the right to prove whether his behavior was tied to the failed deal and "not be required to rely merely on Kroger’s say-so that McMullen’s Conduct was unrelated to the Merger."
“McMullen’s conduct and business ethics are central to this litigation,” Albertsons wrote in its motion. “Yet Kroger refuses to produce any documents regarding significant lapses of ‘business ethics’ so serious they cost McMullen his job weeks after the Merger was blocked.”
Albertsons is asking the Delaware Court of Chancery to grant its motion and compel Kroger to provide the requested information. According to a Monday filing, the court will hold a hearing on the motion on Sept. 4.
Kroger and Albertsons have been locked in a legal battle since the end of last year over their failed merger attempt. Albertsons’ lawsuit against Kroger came hours after a federal court and a state court both blocked Kroger’s bid to merge with Albertsons. A 10-day trial in Wilmington, Delaware, is scheduled for mid-October in 2026.
Kroger is also battling a lawsuit from C&S Wholesale Grocers over the merger. Mediation is mandatory for that lawsuit and is set to be conducted no later than April 17, 2026. The trial is scheduled to begin Feb. 1, 2027.
