If You Purchased Potash in the United States Indirectly For End-Use and Not For Resale Between July 1, 2003 and January 30, 2013 From JSC Uralkali Agrium, Inc., Potash Corporation of Saskatchewan Inc., JSC Silvinit Agrium U.S., Inc., PCS Sales (USA), Inc., JSC Belarusian Potash Company, The Mosaic Company BPC Chicago L.L.C. (n/k/a MOS Holdings Inc.), JSC International Potash Company or Mosaic Crop Nutrition, LLC, Your Rights May Be Affected By The Potash Antitrust Class Action Settlement.
Certain potash suppliers in the United States, Canada, Russia and Belarus, including Agrium, Inc., Agrium U.S., Inc., The Mosaic Company (n/k/a MOS Holdings Inc.), Mosaic Crop Nutrition, LLC, Potash Corporation of Saskatchewan Inc., and PCS Sales (USA), Inc. (collectively the “North American Settling Defendants”) and Defendants JSC Uralkali and the company formerly known as JSC Silvinit, as well as JSC Belarusian Potash Company, BPC Chicago L.L.C. and JSC International Potash Company (collectively the “Foreign Settling Defendants”) have reportedly agreed to two proposed settlements of a class action lawsuit against them in the United States District Court for the Northern District of Illinois (captioned In re Potash Antitrust Litigation (II) (also called Minn-Chem, Inc. et al. v. Agrium Inc. et al.), No. 1:08-cv-6910, MDL Dkt. No. 1996), alleging, among other things, that Defendants conspired and agreed, in violation of the antitrust laws of the United States, various States’ laws and certain common law doctrines, to restrict the supply and raise or fix the prices for potash sold in the United States, according to the proposed Potash Antitrust class action settlement notice.
Who Is Included In The Proposed Potash Antitrust Class Action Settlement?
The Potash Indirect Purchasers’ Antitrust Settlement with the Foreign Settling Defendants includes all persons who purchased potash in the United States indirectly for end-use from one or more of the Defendants between July 1, 2003 and December 11, 2012, and the purchases were in one or more of the following States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming (the “Foreign Settlement Class”).
The Potash Indirect Purchasers’ Settlement with the North American Settling Defendants reportedly includes all persons who purchased potash in the United States indirectly for end-use and not for resale from one or more of the Defendants between July 1, 2003 and January 30, 2013 (the “North American Settlement Class”).
Potash includes mineral and chemical salts that contain potassium (chemical symbol K) and a multitude of other elements in various combinations and is used by farmers and gardeners as an agricultural fertilizer.
What Settlement Benefits Does The Proposed Potash Antitrust Class Action Settlement Provide?
Under the proposed Potash Antitrust class action settlement, the Foreign Settling Defendants have agreed to provide for a cash payment of $2,750,000.00 for the benefit of the Foreign Settlement Class and the North American Settling Defendants have agreed to pay $17,500,000.00 for the benefit of the North American Settlement Class.
To be eligible to receive a payment under the Potash antitrust settlement, settlement class members must fill out and submit a valid Proof of Claim by September 2, 2013. Potash settlement claim forms can be download and/or submitted online at www.potashindirectsettlement.com
Where Can You Obtain More Information About The Proposed Potash Antitrust Class Action Settlement?
For more information about the Potash Antitrust settlement, contact the Potash Antitrust Settlement Administrator by writing Potash Indirect Purchaser Litigation Settlement Administrator c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8091, by calling 866-778-9623, by emailing info@PotashIndirectSettlement.com or by visiting the Potash settlement website at www.potashindirectsettlement.com.
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