The U.S. Court of Appeals for the Seventh Circuit ruled that a conspiracy to fix potash prices abroad, alleged to have set a benchmark for U.S. prices, fell outside the reach of U.S. antitrust laws. The U.S. Court of Appeals for the Ninth Circuit ruled that suits brought by state attorneys general on behalf of citizens did not constitute class actions and should not be removed to federal courts under the Class Action Fairness Act.

Other recent antitrust developments of note included the approvals, with conditions, of pharmaceutical and radio station mergers and a Department of Justice enforcement action challenging a bank’s facilitation of a swap arrangement concerning the price of electricity in New York City.

Foreign Conduct

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