Recent Antitrust Settlements Are Providing New Recovery Opportunities, But Filing Claims Is Proving To Be Complicated

Mintz - Securities Litigation Viewpoints
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First there was Libor.  Next came credit default swaps and foreign exchange.  Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of additional antitrust class actions against financial institutions alleging anti-competitive behavior in a number of markets affecting institutional investors. These include: the ISDA interest-rate benchmark litigation, the Euribor antitrust litigation, the U.S. Treasuries antitrust litigation, the stock lending antitrust litigation, and the gold and silver antitrust litigation.  Some defendants in some of these cases have agreed to settlements, including the over $2 billion in FX settlements, as well as partial settlements in the Libor, ISDAfix and Euribor cases for approximately $830 million combined.  Institutional investors who are active participants in these markets may be in-line for significant recoveries, and the claims filing deadlines are fast approaching.

Of course, it is axiomatic that a claimant has to file a claim before it can recover. Mintz Levin’s Institutional Investor Class Action Recovery Practice is uniquely positioned to manage the claims filing process on behalf of institutional investors. The claims filing processes for these cases can be complex, and present an entirely new set of variables from typical securities cases.  Indeed, custodians and other service providers that typically handle claims filing for institutional investors in securities settlements may not be able, or willing, to file claims in these antitrust settlements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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