The Boise-based supermarket chain said Kroger failed to exercise “best efforts” to secure regulatory approval of the merger.

Albertsons called off its proposed sale to Kroger and sued the rival grocer for billions of dollars the morning after a federal judge in Portland blocked the merger. The deal would have combined the nation’s largest and second-largest traditional grocery chains into a colossus and extended a lifeline to Albertsons.

Albertsons announced Wednesday it is pulling out of its plans to merge with Kroger, citing two court rulings on Tuesday barring the transaction.

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.

Albertsons is giving up on its merger with Kroger a day after it was rejected in two courts and it is suing the grocery chain, saying it didn’t do enough to secure regulatory approval of the $24.6 bil

This comes a day after the proposed merger between the supermarket giants floundered after judges overseeing two separate cases both halted the deal.

A federal judge in Oregon blocked Kroger’s $24.6 billion acquisition of grocery rival Albertsons on Tuesday, marking the possible end of what would have been the largest supermarket merger in U.S. history.

A U.S. judge blocked the pending $25 billion merger of U.S. grocery chains Kroger and Albertsons on Tuesday, siding with the U.S. Federal Trade Commission in a win for the Biden administration. The FTC argued at a three-week trial in Portland,