Kroger’s $25 billion proposed takeover of rival Albertsons ultimately failed because two judges – one federal and the other from the state of Washington – didn’t buy the competitive vision the grocers were trying to sell,

Albertsons is suing Kroger for breach of contract and accusing it of failing to exercise its “best efforts” to get regulatory approval for the merger.

Under the merger agreement, Kroger and Albertsons — who compete in 22 states — agreed to sell 579 stores in places where their locations overlap to C&S Wholesale Grocers, a New Hampshire-based supplier to independent supermarkets that also owns the Grand Union and Piggly Wiggly store brands.