"Why can't I stop the merger in December or January, once I know what the merger looks like?" Chhabria asked. Chhabria told Alioto at the end of the hearing that "if you are serious about this case, you have a ton of work to do between now and December." The case is: Whalen v. Kroger Co, U.S. District Court, Northern District of California, No. 3:23-cv-00459. For plaintiffs: Joseph Alioto of Alioto Law Firm For Kroger: Matthew Wolf and Sonia Pfaffenroth of Arnold & Porter Kaye Scholer For Albertsons: Edward Hassi of Debevoise & Plimpton Read more: Kroger fights antitrust case as lacking 'real-world' facts Albertsons, Kroger reiterate store divestiture plan ahead of merger Grocery consumers sue to block Kroger's $25 bln buy of Albertsons (Reporting by Mike Scarcella; editing by Leigh Jones)