Kroger has proposed a $1.65 billion acquisition of Giant Eagle to expand its retail footprint. Giant Eagle operates more than 200 stores, while Kroger manages a network of 2,700 locations.

The American Economic Liberties Project (AELP) stated that this consolidation might increase the scope of customer surveillance by a single corporation. AELP urged the Federal Trade Commission and the Ohio attorney general to intervene and block the deal.

The report warned that "With every store Kroger buys, the data and surveillance apparatus grows." The report further noted that "Buying bleach or yogurt now comes with the prospect of being scanned, tracked, and profiled."

Concerns were also raised by AELP that the merger could limit consumer options in Columbus, Ohio. Kroger previously denied using facial recognition technology inside stores to determine customer pricing.

In late 2024, courts blocked a separate attempt by Kroger to merge with Albertsons. Cooler Screens retracted its messaging regarding the scanning of shoppers' faces following public criticism.