NOV-11(1)

In this issue: We have two indisputable facts in this issue: The Foreign Trade Antitrust Improvements Act is, to be kind, muddled. And modern court decisions on federal pleading standards haven’t exactly been uniform. So what happens when the two collide, as in the recent Potash decision? Our authors have brilliantly highlighted the issues; but, […]

Recovery in the U.S. for Price Fixing Abroad: The Future of FTAIA Litigation

Alicia Batts, Keith Butler, Nov 16, 2011 As global economic trade has increased, so has the number of price-fixing plaintiffs who have sought recovery in U.S. courts under U.S. antitrust laws for damages suffered as a result of cartel activity abroad. Historically, plaintiffs suing in U.S. courts under U.S. laws have had a difficult time […]

A Trip Around the Cartel Victims Remedy Buffet

Kent Bernard, Nov 16, 2011 The debate about whether the European Union should adopt a community-wide system to compensate victims of illegal cartel activityx has generated a lot of heat, but perhaps less enlightenment, over the past years. Some people are arguing for grafting a U.S. style class action litigation system onto the EU structure, […]

New Lessons for Pleading the FTAIA

Max Huffman, Nov 16, 2011 In September 2011, in Minn-Chem Inc. v. Agrium Inc., the Seventh Circuit concluded that allegations of price-fixing in foreign commerce, with effects on domestic U.S. commerce due to the integrated worldwide market for the agricultural fertilizer component potash, were insufficient to survive a motion to dismiss under the Supreme Court’s […]

Resources – Potash, the FTAIA, and Pleading Requirements

Nov 16, 2011 Resources For NOV-11(1),  The “Potash” Case  Issue: For our reader’s convenience, when appropriate in the Antitrust Chronicle, we’ll be presenting copies and/or links of the cases and other source materials referred to in our issues. We hope you find this resource both helpful and time-saving. Foreign Trade Antitrust Improvements Act (“FTAIA”) The […]

Minn-Chem Incorporated et al. v. Agrium Incorporated et al.: A Canadian Perspective on the Extraterritorial Application of U.S. Antitrust Law

Erika Douglas, Mark Katz, Nov 16, 2011 This article provides a Canadian perspective on the recent decision of the U.S. Seventh Circuit Court of Appeals (the “Seventh Circuit”) in Minn-Chem Incorporated et al. v. Agrium Incorporated et. al. (“Minn-Chem“). Minn-Chem considered the application of the Foreign Trade Antitrust Improvements Act (“FTAIA”) to a class action […]

A Tale of Two Panels: The Size of the Chancellor’s Foot in Text Messaging and Potash

Chris Sagers, Nov 16, 2011 Pretty strong words have been bandied in the few years since Bell Atlantic Corp. v. Twombly. Two leading procedure scholars recently wrote that Twombly, and the subsequent Ashcroft v. Iqbal, have “destabilized the entire system of civil litigation,”  creating a “revolutionary” new “civil procedure hitherto foreign to our fundamental procedural […]