The American Economic Liberties Project (AELP) warns that Kroger’s proposed $1.65 billion acquisition of Giant Eagle could consolidate more than just grocery retail. The deal would add over 200 Giant Eagle locations to Kroger’s existing network of 2,700 stores, potentially creating a unified surveillance infrastructure.

AELP highlights risks regarding data collection and physical monitoring. Kroger could leverage combined customer data to refine personalized pricing models based on shopping habits or expand its retail media operations. The report also points to the integration of physical surveillance tools, including Flock cameras and Cooler Screens technology.

Kroger has previously acknowledged using facial recognition in some stores for security, though it denies using such data for dynamic pricing. In August, reports indicated that Kroger shared data from Flock cameras with police in Columbus, Ohio. These practices have drawn scrutiny from advocacy groups concerned about consumer privacy.

The proposed merger faces calls for regulatory intervention from AELP, which is urging the Federal Trade Commission and the Ohio attorney general to block the deal. This follows the legal challenges that led to the collapse of Kroger’s earlier attempt to acquire Albertsons, which was blocked by courts in late 2024.