Case Study: Minn-Chem V. Agrium

Law360, New York (August 7, 2012, 1:34 PM EDT) -- An en banc panel of the Seventh Circuit Court of Appeals held in Minn-Chem Inc. et al., v. Agrium Inc., et al. that the Foreign Trade Antitrust Improvements Act[1] relates to the merits of an antitrust claim, rather than to the subject-matter jurisdiction of a court.[2] The court’s decision, which overrules a 2003 decision by the same court, removes a jurisdictional barrier to plaintiffs challenging foreign conduct in U.S. courts, and clarifies the scope of the FTAIA. 

This decision eases the burden on plaintiffs alleging that...
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