Potash Cartel Suit Fails Under FTAIA, Atty Tells 7th Circ.

Law360, Chicago (February 8, 2012, 8:23 PM EST) -- A lawyer for international potash producers argued at an en banc Seventh Circuit hearing Wednesday that a price-fixing class action against his clients should not be revived, saying the case involves foreign commerce that can't be touched by the plaintiffs' U.S. antitrust claims.

An attorney for the plaintiffs, however, contended that the alleged cartel is closely tied to the U.S. and subject to its laws.

Eight appeals court judges heard arguments in the case that a three-judge Seventh Circuit panel tossed in September after finding that...
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