Rodney McMullen, the former chairman and CEO of The Kroger Co., has been subpoenaed to testify in Albertsons’ breach-of-merger lawsuit, the latest twist in the long-running legal fight over the companies’ aborted $24.6 billion deal. The move pulls one of Cincinnati’s most recognizable corporate figures back into a courtroom showdown that has already produced a thicket of filings and counterclaims.
According to the Cincinnati Business Courier, McMullen was served with a subpoena to appear and answer questions in the case, although the report did not specify when he is expected to testify. The Courier reports that the subpoena fits into Albertsons’ broader strategy to argue that Kroger failed to use the contractual tools available to secure regulatory approval.
What Albertsons Is Trying To Prove
Albertsons filed its complaint in Delaware’s Court of Chancery after terminating the merger agreement and is seeking a $600 million termination fee plus additional damages, alleging Kroger did not exercise the contractually required “best efforts” to obtain approvals. As reported by the AP, the suit asks the court to hold Kroger financially responsible for the fallout Albertsons says it suffered when the deal collapsed.
Why McMullen’s Turn On The Hot Seat Matters
McMullen, who led Kroger through the merger push, could be pressed on the company’s communications with regulators, the thinking behind divestiture plans, and how potential buyers for those assets were chosen. The dispute has already produced hard-edged claims and counterclaims from both companies, a back-and-forth that national outlets such as CNBC have been following closely.
McMullen’s Exit Still Haunts The Backdrop
McMullen resigned as Kroger’s CEO in March 2025 after a board investigation into his personal conduct, a change at the top that has hovered over the company’s public posture during the litigation. As detailed by The Washington Post, Kroger said the conduct at issue was unrelated to its operations but inconsistent with the company’s ethics policies.
What Happens Next In Delaware
The fight is playing out in the Delaware Court of Chancery, which specializes in complex corporate cases for entities incorporated in Delaware and oversees subpoenas, discovery, and witness testimony. The court’s rules and public docket will control the timing of any deposition or in-court appearance. The Delaware Court of Chancery site provides access to filings and scheduling information.
Why Cincinnati Is Still In The Middle Of This
For Cincinnati, where Kroger is headquartered, the subpoena keeps a national corporate battle parked in the local spotlight, touching on leadership scrutiny, potential financial exposure, and reputational stakes. Kroger lists its principal executive offices at 1014 Vine Street in downtown Cincinnati on its corporate site, underscoring how a Delaware courtroom fight reaches straight back to a familiar downtown address. See Kroger for corporate contact details.
.jpg){kind=link}