The deal fell apart after a federal judge in Oregon ruled against the companies, finding it would likely reduce competition and could hurt consumers.

In its December lawsuit, Albertsons claimed that Kroger made a willful breach of contract and breach of the covenant of good faith and fair dealing since the company failed to exercise “best efforts” and to take “any and all actions” to secure regulatory approval of the companies’ agreed merger transaction.

C&S Wholesale Grocers has filed a lawsuit against Kroger after the failed $25 billion takeover of rival Albertsons that was called off in December.