Potash Indirect

Eligible Class Members:

Businesses or individuals may be members of the Settlement Classes, as long as he, she or it made a qualifying purchase of potash.

You are included in the Indirect Purchasers’ Settlement with the North American Settling Defendants (as a “North American Settlement Class Member”) if you 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”). The Foreign Settlement Class and the North American Settlement Class are collectively referred to as the “Settlement Classes.” An Indirect Purchaser is a person or business who purchased potash for end-use and not for resale through an intermediary such as a distributor, wholesaler, or retailer who is not a named Defendant. A direct purchaser is a person or business who bought potash directly from one or more of the Defendants.

You are included in the Indirect Purchasers’ Settlement with the Foreign Settling Defendants (as a “Foreign Settlement Class Member”) if you 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”).

Case History:

Certain potash suppliers (“Defendants”) in Canada, the United States, Russia and Belarus were sued by several businesses and individuals (“Plaintiffs”) who allege 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 between July 1, 2003, and the present. The complaint describes how the Defendants and Co-Conspirators allegedly violated the applicable state and federal laws by establishing a global cartel that set artificially high prices for—and restricted the supply of—potash. Defendants deny Plaintiffs’ allegations. The Court has not decided who is right.

The Defendants have agreed to settle the lawsuit in two separate settlements. In the first settlement, 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”) agreed to settle the lawsuit.

In the second settlement, the remaining Defendants—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”)—agreed to settle the lawsuit. Collectively, the Foreign Settling Defendants and the North American Settling Defendants are referred to herein as the “Settling Defendants.”

The Settling Defendants deny they have done anything wrong. The Settling Defendants have asserted a number of defenses, but have agreed to settle to avoid further expense, inconvenience, and the distraction of burdensome and protracted litigation.

Multiple lawsuits were consolidated into one lawsuit in the United States District Court for the Northern District of Illinois. The case is called In re Potash Antitrust Litigation (II) (sometimes also called Minn-Chem, Inc. et al. v. Agrium Inc. et al.), and the Court’s file number is No. 1:08-cv-6910, MDL Dkt. No. 1996.

Definition of Potash:

“Potash” is a key agricultural fertilizer which farmers throughout the world use to help crops fight disease and to enhance crop yields. It is a source of soluble potassium, which is one of three primary nutrients required for plant growth and maturation. Other commercial uses of potash include industrial applications in metal plating, and production of glass, ceramics, soaps, and animal feed supplements.

Required Action Step:

Upon execution of our service agreement, CAC Recovery will file your claims and assist you in gathering the specific documentation necessary to maximize your recovery.

Our Services:

CAC Recovery navigates the complex intricacies of the claims filing process to help businesses maximize their recoveries.

Our services include:

  • Identifying claims businesses may be eligible to file
  • Filing the claim with supporting documentation
  • Interacting with the Claims Administrator
  • Providing updates on claim status
  • Resolving Claims Administrator questions on claims
  • Reviewing the recovery to assure the correct amount has been received

Our Guarantee: We Get Paid When You Recover – No hidden charges or up-front fees. We provide our services based on a contingency fee.

Getting Started is easy! We’ll first have you fill out our Get Started form and a CAC representative will contact you within 24 hours to review your eligibility and walk you through the claims process.