Thwarted by federal and state judges, Albertsons gave up on its proposed $24.6 billion sale to Kroger and sued its would-be merger partner.

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

Albertsons has terminated its planned merger with Kroger and is suing Kroger for alleged breach of the merger agreement, claiming it had failed to make its “best efforts” to get the merger approved. The planned merger was doomed after a judge on the U.