New Lessons for Pleading the FTAIA

In September 2011, in Minn-Chem Inc. v. Agrium Inc., the Seventh Circuit concluded that allegations of price-fixing in foreign commerce, with effects on domestic U.S. commerce due to the integrated worldwide market for the agricultural fertilizer component potash, were insufficient to survive a motion to dismiss under the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. The complaint’s failing was the lack of plausible alle