Minn-Chem, Inc. v. Agrium Inc. (Seventh Circuit; U.S. Supreme Court)

A number of purchasers of fertilizer brought a class action alleging a global conspiracy involving our client, The Mosaic Company, to reduce output and raise the price of potash, a key ingredient in fertilizer. They alleged that the conspiracy took place through price-setting for potash sales in overseas markets, and parallel cuts in foreign potash production. We represented The Mosaic Company throughout the appellate process. A panel of the Seventh Circuit initially held that the suit was barred by the Foreign Trade Antitrust Improvements Act, but the en banc court vacated the panel’s decision and allowed the case to proceed. We filed a petition for certiorari and successfully negotiated a settlement before the petition was acted on.