Court finds implied repeal of Antitrust Laws and dismisses class action lawsuit against brokers | Practical Law

Court finds implied repeal of Antitrust Laws and dismisses class action lawsuit against brokers | Practical Law

The US District Court for the Southern District of New York has dismissed with prejudice antitrust claims brought by a purported class of short sellers against major financial brokers after finding "clear incompatibility" between US federal antitrust laws and securities laws. The case was brought on behalf of short sellers alleging a price-fixing conspiracy by the defendant brokers that led to artificially inflated borrowing and other related fees in connection with short sale transactions. The court reached its decision after applying the four-factor test established in the recent 2007 US Supreme Court case, Credit Suisse v Billing.

Court finds implied repeal of Antitrust Laws and dismisses class action lawsuit against brokers

by Practical Law
Published on 01 Feb 2008USA (National/Federal)
The US District Court for the Southern District of New York has dismissed with prejudice antitrust claims brought by a purported class of short sellers against major financial brokers after finding "clear incompatibility" between US federal antitrust laws and securities laws. The case was brought on behalf of short sellers alleging a price-fixing conspiracy by the defendant brokers that led to artificially inflated borrowing and other related fees in connection with short sale transactions. The court reached its decision after applying the four-factor test established in the recent 2007 US Supreme Court case, Credit Suisse v Billing.