Judge Adrienne Nelson said Tuesday afternoon that a merger between the two companies would end up harming consumers. The two companies "engage in substantial head-to-head competition and the proposed merger would remove that competition," Ferguson wrote. As a result, the proposed merger would likely to lead to outcomes that "unilaterally" harm consumers, and is thus "presumptively unlawful. " Judge Ferguson also ruled the merger would be bad for workers, arguing increased consolidation would reduce workers' bargaining power. Kroger shares closed up 5% Tuesday, while shares of Albertsons, based in Boise, finished 2% lower.

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Persons: Adrienne Nelson, Ferguson, Judge Ferguson, Kroger, Nelson, Biden, Lina Khan Organizations: U.S, District, Kroger, Albertsons, Federal, Walmart, Target Locations: Oregon, Cincinnati, Boise