Kroger on Monday sued the Federal Trade Commission, alleging that the in-house administrative process it chose to hear its antitrust case seeking to block the grocery giant’s $24.6 billion merger with Albertsons is unconstitutional.

Kroger’s 12-page suit, filed in federal court in the grocer’s hometown of Cincinnati, opens a new front in the company’s quest to overcome FTC opposition and finally close the deal, which the companies announced in October 2022.