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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

JSC Uralkali

Agrium, Inc.

JSC Silvinit

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.

OBJECT

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.)

EXCLUDE YOURSELF

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.

 

More Information:

Settlement Administrator:

Potash Indirect Purchaser Litigation

Settlement Administrator

c/o A.B. Data, Ltd.

PO Box 170500

Milwaukee, WI  53217-8091

866-778-9623

info@PotashIndirectSettlement.com

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.

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