MINN-CHEM, INC. v. AGRIUM INC.

No. 10-1712.

683 F.3d 845 (2012)

MINN-CHEM, INC., et al., Plaintiffs-Appellees, v. AGRIUM INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2012.


Attorney(s) appearing for the Case

J. Timothy Eaton , Attorney, Shefsky & Froelich, Ltd., Steven A. Hart , Attorney, Segal, McCambridge, Singer & Mahoney, Marvin A. Miller , Attorney, Miller Law LLC, Chicago, IL, Bruce L. Simon (argued), Attorney, Pearson Simon Warshaw & Penny LLP, San Francisco, CA, Christopher P. Lovell , Attorney, Lovell Stewart Halebian , Beverly Tse , Attorney, Kirby McInerney & Squire, New York, NY, for Plaintiffs-Appellees.

Richard Parker , O'Melveny & Myers LLP, Charles A. Rothfeld (argued), Attorney, Mayer Brown LLP, Washington, DC, Jeffrey L. Kessler , Winston & Strawn LLP, Robert A. Milne , Attorney, White & Case, New York, NY, Stephen M. Shapiro , Attorney, Mayer Brown LLP, Brian J. Murray , Attorney, Jones Day, Duane M. Kelley , Attorney, Winston & Strawn LLP, Chicago, IL, for Defendants-Appellants.

Richard M. Brunell , Attorney, American Antitrust Institute, Newton, MA, for Amicus Curiae American Antitrust Institute.

Nickolai G. Levin , Attorney, Department of Justice, Antitrust Division, Appellate Section, for Amici Curiae United States of America and Federal Trade Commission.

Before EASTERBROOK, Chief Judge, and POSNER, MANION, KANNE, WOOD, SYKES, TINDER, and HAMILTON, Circuit Judges.


WOOD, Circuit Judge.

Potash, a naturally occurring mineral used in agricultural fertilizers and other products, is produced and sold in a global market. In this case, the plaintiffs, U.S. companies that are direct and indirect purchasers of potash, accuse several global producers of price-fixing in violation of the U.S. antitrust laws. See 15 U.S.C. §§ 1 et seq. The district court denied the defendants' motion...

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