"Kroger was prepared, in the event of adverse court decisions, to pursue all remaining options to close the merger," the retailer said in its statement. "But, within hours of the court decisions blocking the merger, Albertsons terminated the merger agreement and filed a 140-page complaint against Kroger. These actions ensured that the merger would never close, and further demonstrated that Albertsons had long before shifted its focus towards the litigation that is now pending between the parties, abandoning its contractual obligation to use best efforts to close the transaction." Kroger seeks damages from Albertsons as a result of its alleged misconduct and material breaches of the merger agreement. Kroger said it will seek to recover its investment made to obtain regulatoriy approval of the merger. Earlier this month, C&S Wholesalers sued Kroger for allegedly failing to pay a $125 million termination fee.