Putting The Kibosh On Potash Cartel Allegations

Law360, New York (December 21, 2011, 1:13 PM EST) -- In Minn-Chem Inc. v. Agrium Inc.[1], the Court of Appeals for the Seventh Circuit recently reversed a district court’s failure to dismiss a putative class action in which it was claimed that the major international potash producers had engaged in a price-fixing cartel outside the United States that ultimately had anti-competitive effects in this country.

According to the Seventh Circuit, the complaint did not sufficiently allege foreign conduct that meets the requirements of the Foreign Trade Antitrust Improvements Act (FTAIA) allowing Sherman Act challenge, and also...
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