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Blomkest Fertilizer, Inc. v Potash Corp. of Sask., Inc.

United States Court of Appeals for the Eighth Circuit

203 F.3d 1028 (2000)

Relevant factsFree

In the oligopolistic North American potash industry, several producers, including Potash Corporation of Saskatchewan (PCS) (defendant), signed a suspension agreement in 1988 setting a minimum U.S. price to resolve a government dumping complaint; prices then rose in step across the industry and stayed well above pre-agreement levels. Blomkest Fertilizer (plaintiff) sued PCS and other producers on behalf of potash consumers, alleging that price-verification communications between competitors and the suspension agreement itself showed unlawful collusion. The district court found the evidence insufficient to prove an antitrust violation and granted summary judgment for the defendants, and the plaintiffs appealed.

IssueFree

Whether conscious parallelism among competitors violates the Sherman Act when the plaintiff demonstrates additional factors suggesting a conspiracy and excluding the possibility of independent action.

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