The US Court of Appeals For the Seventh Circuit holds claims against a foreign price-fixing cartel in the potash industry to be either exempted under the Foreign Trade Antitrust Improvements Act or insufficient to state a cause of action under the Twombly/Iqbal pleading standards (Potash)

Potash Potash Potash!!!!! En Banc Review Is in the Hizz-ouse, Y’all!* Something striking occurred in the Seventh Circuit this year. In two different, massive antitrust class actions, in the space of about nine months, panels of that court applied the Twombly-Iqbal pleading formula to reach opposite conclusions, even though both cases involved very similar fact allegations and the same procedural posture. Both cases also involved the quite rare interlocutory review of denial of motions to dismiss—such review is almost never granted except where defendant claims some special immunity from suit [Mitchell v. Forsyth, 472 U.S. 511 (1985)]. Granting two such orders so close in time is no doubt a demonstration of just how grave the appellate courts consider the persistent confusion that has

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  • Cleveland-Marshall School of Law

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Christopher Sagers, The US Court of Appeals For the Seventh Circuit holds claims against a foreign price-fixing cartel in the potash industry to be either exempted under the Foreign Trade Antitrust Improvements Act or insufficient to state a cause of action under the Twombly/Iqbal pleading standards (Potash), 23 September 2011, e-Competitions Bulletin September 2011, Art. N° 40918

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