Potash Class Action Lawsuit Settlement

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Potash Class Action Lawsuit Settlement

Award (how much your claim may be worth): You can receive a cash refund of either 35% or 45% of the retail price paid for potash products included in this settlement that were purchased between July 1, 2003 and January 30, 2013.

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Class Action Lawsuit Settlement Case(s):In re: Potash Antitrust Litigation II or Minn-Chem Inc., et al. v. Agrium Inc., et al, Case No. 08-cv-6910, U.S. District Court, Northern District of Illinois.

Company(ies): AGRIUM, INC.; AGRIUM U.S., INC.; THE MOSAIC COMPANY (N/K/A MOS HOLDINGS INC.); MOSAIC CROP NUTRITION, LLC; BPC CHICAGO LLC; JSC URALKALI; JSC SILVINIT; JSC BELARUSIAN POTASH COMPANY; JSC INTERNATIONAL POTASH COMPANY; POTASH CORPORATION OF SASKATCHEWANT INC.; PCS SALES (USA), INC.

Address to submit a claim form (REQUIRED):

Phone Number to call for assistance: (866) 778-9623

Details: The potash settlement will resolve multiple antitrust lawsuits consolidated as one class action (referred to as either In re Potash Antitrust Litigation II or Minn-Chem Inc., et al. v. Agrium Inc., et al.) that accuse certain potash suppliers in Canada, the United States, Russia and Belarus of violating state and federal laws by establishing a global cartel that set artificially high prices for – and restricted the supply of – potash.

The Defendants deny the allegations but have agreed to a combined $20.25 million class action lawsuit settlement to resolve the litigation.

Class Members of the potash settlement include any person or entity (excluding government entities) that purchased potash in the United States indirectly for end-use and not for resale from one or more of the following defendants between July 1, 2003 and January 30, 2013:

Agrium, Inc.
Agrium U.S., Inc.
The Mosaic Company (n/k/a MOS Holdings Inc.)
Mosaic Crop Nutrition, LLC
BPC Chicago L.L.C.
JSC Uralkali
JSC Silvinit
JSC Belarusian Potash Company
JSC International Potash Company
Potash Corporation of Saskatchewan Inc.
PCS Sales (USA), Inc.

Potash is used by famers, gardeners and anyone who uses fertilizer for root production. Potash-based products are also used to melt ice or snow, as water-softeners, and for other uses.

The amount of money you can receive from the potash class action settlement will vary depending on the state you live in, but could be equal to 45% or 35% of the dollar amount you paid for potash products.

A detailed description of the settlement payout can be found at the end of the Potash Settlement Notice, located at www.PotashIndirectSettlement.com.

The only way to receive a payment if the court approves the settlement is to submit a valid Proof of Claim by September 2, 2013.

A Final Approval Hearing is scheduled for June 12, 2013.

Claim Forms and more information on your rights in the Potash Price-Fixing Class Action Lawsuit Settlement can be found at www.PotashIndirectSettlement.com.

Fees Charged From: July 1, 2003 to January 30, 2013

Claims must be postmarked by: 9/2/13

Settlement Administrator(s): A.B. Data, Ltd.

Class Counsel:

Marvin A. Miller

MILLER LAW LLC

Defense Counsel:

Christopher Lovell

LOVELL STEWART HALEBIAN JACBSON LLP

UPDATE 5/21/14: The Settlement Administrator for the direct purchaser Potash class action settlement told the Court on May 2, 2014, that it expects to have a final distribution calculation completed by June 20, which means Potash class action settlement checks for direct purchasers could be mailed out by the end of June, early July. As of May 21, there was no update on when settlement awards for indirect purchasers will be calculated or distributed. Top Class Actions will update our readers when this update is given to the Court.

UPDATE 8/11/14: Top Class Actions viewers are reporting they received the following email from the Settlement Administrator, indicating that payouts from the Potash class action settlement will be low based on the high rate of claims filed:

“As stated in the court approved plan of allocation, distribution will be made to eligible claimant on a pro rata basis. This means that any payment to an eligible claimant will be proportionate to the amount of purchases of potash or products containing potash that claimant made in comparison to all purchases made by eligible claimants. Pursuant to that court approved plan of allocation, only those claims whose distribution would be above $10 are eligible. Although final calculations have not yet been completed, we anticipate your claim will be below the $10 threshold and you will likely not receive a distribution. Note that we received well over 2 billion dollars in alleged potash purchases.

“For further inquiries on this litigation, feel free to visit our website at PotashIndirectSettlement.com, contact the Potash Antitrust Litigation Helpline at 866-778-9623, or email at info@PotashIndirectSettlement.com.”

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