The US Court of Appeals for the 7th Circuit unanimously expands extraterritorial reach of US antitrust rules in a foreign price-fixing conspiracy case (Potash II)

Seventh Circuit Sitting En Banc Reverses in Potash, Announces Second Most Important of All FTAIA Opinions, Shores Up the Text Messaging Position on Conspiracy Pleading* Well, okay, I guess there might just possibly have been an appellate decision this week of even more pressing moment, but I believe something important and very positive happened in the Seventh Circuit yesterday: the en banc reversal in Minn-Chem, Inc. v. Agrium, Inc., No. 10-1712 (7th Cir. June 27, 2012) (en banc) (“Potash II”). The court ruled that plaintiffs had pled a foreign price-fixing conspiracy that it is subject to U.S. antitrust under the Foreign Trade Antitrust Improvements Act. I suppose Potash II is itself a case primarily about FTAIA, and it is now second in importance within the FTAIA caselaw only to the

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  • Cleveland-Marshall School of Law

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Christopher Sagers, The US Court of Appeals for the 7th Circuit unanimously expands extraterritorial reach of US antitrust rules in a foreign price-fixing conspiracy case (Potash II), 27 June 2012, e-Competitions Bulletin US Private Enforcement, Art. N° 47928

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