The information contained on this web page is only a summary.
UPDATE: On June 12, 2013, the Court held the Final Approval Hearing and approved both Settlements. A copy of the approval order can be viewed by clicking here. The Settlement Administrator is currently processing and verifying claim forms and will notify claimants if their claim contains incomplete information over the coming months. Accurate claims processing takes time, please be patient.
YOU MAY DOWNLOAD A FULL COPY OF THE NOTICE of proposed settlements in a class action (THE “NOTICE”) BY CLICKING HERE.
If You Purchased Potash Indirectly For End-Use And Not For Resale In The United States Between July 1, 2003 And January 30, 2013, From one or more of the defendants listed below, Your Rights May Be Affected And You May Be Entitled To A Benefit:
Foreign Settling Defendants
North American Settling Defendants
Agrium U.S., Inc.
JSC Belarusian Potash Company
The Mosaic Company
BPC Chicago L.L.C.
(n/k/a MOS Holdings Inc.)
JSC International Potash Company
Mosaic Crop Nutrition, LLC
Potash Corporation of Saskatchewan Inc.
PCS Sales (USA), Inc.
Your legal rights are affected whether you act or do not act. Please read the Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENTS
ACTIONS YOU MAY TAKE
EFFECT OF TAKING THIS ACTION
TAKE NO ACTION
You will remain part of the Class and be bound by the terms of the Settlement Agreements. You will not receive any payment from the Settlement Funds.
SUBMIT A PROOF OF CLAIM
The deadline to file claims has passed.
The deadline to file an objection has passed.
GO TO THE COURT’S HEARING
The Final Approval Hearing was held on JUNE 12, 2013 and both settlements were approved. (See Notice, Questions 18 and 20.)
The deadline to file an exclusion has passed.
These rights and options—and the deadlines to exercise them—are explained in the Notice.
SUMMARY OF THE NOTICE
On January 30, 2013, the Court in the Action preliminarily approved two Settlements on behalf of all persons who purchased potash indirectly for end-use and not for resale in the United States between July 1, 2003 and January 30, 2013. The lawsuit alleges that several large potash producers (“Defendants”) conspired to restrict the supply of potash, and to raise and fix its price. Potash is a mineral or chemical salt, used mainly in fertilizer. The Defendants have agreed to settle the lawsuit in two separate Settlements.
In the first Settlement, Defendants JSC Uralkali and JSC Silvinit (as well as JSC Belarusian Potash Company, BPC Chicago L.L.C. and JSC International Potash Company, collectively the “Foreign Settling Defendants”) settled the claims against them in this litigation for $2,750,000.00 and important cooperation. In the second Settlement, 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”) have agreed to settle the claims against them, which are all of the remaining claims in the indirect purchaser action, for the sum of $17,500,000.00. The Defendants deny they did anything wrong.
If you are a member of either Settlement Class, you had the opportunity to participate in the corresponding Settlement by submitting a Proof of Claim on or before September 2, 2013. If you are a member of one of the Settlement Classes and did not request to be excluded but do not file a Proof of Claim, you will still be bound by the releases set forth in the Settlement Agreements if the Court enters an order approving the Settlements. You may obtain a copy of the Settlement Agreements by clicking here. You may download a copy of the Notice by clicking here.
Potash Indirect Purchaser Litigation
c/o A.B. Data, Ltd.
PO Box 170500
Milwaukee, WI 53217-8091
Plaintiff’s Co-Lead Class Counsel:
MILLER LAW LLC
Attn: Marvin A. Miller
115 South LaSalle Street, Suite 2910
Chicago, IL 60603
LOVELL STEWART HALEBIAN JACOBSON LLP
Attn: Christopher Lovell
61 Broadway, Suite 501
New York, NY 10006
If you have questions, you may call the Potash Indirect Purchaser Litigation Help Line at 866-778-9623 or email info@PotashIndirectSettlement.com.