This means the Colorado's antitrust case opposing the merger of the owners of King Soopers and Safeway stores in the state is moot.

The state's top prosecutor seeks a ruling against the grocery retailers for behavior Colorado's antitrust court case revealed.

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.

Colorado AG’s lawsuit to block supermarket merger is a separate case that would impact only stores in the state.

Albertson's and Kroger will now face each other in court, following the failed merger between the two grocery chains. Albertson's has terminated its planned sale to Kroger, after a federal court blocked the deal.

Antitrust experts say a few core issues prompted the judges to say no the merger, ultimately dooming the deal.