An affiliate of MF Global Holdings Ltd. filed a lawsuit alleging 11
banks engaged in anticompetive practices in the $25 trillion
credit-default swaps market, including preventing the company from
becoming a clearing broker for swaps.
MF Global Capital LLC, an arm of the collapsed broker managed by a
board liquidating the company, filed a lawsuit in U.S. District Court
for the Northern District of Illinois late Thursday alleging the banks
"restrained competition" in the lucrative CDS market.
MF Global's move is the third lawsuit filed in the U.S. claiming
banks controlled the swaps market inappropriately. It is also the latest
sign that companies who say they were hamstrung by banks dominating the
market are growing into a credible threat for Wall Street firms still
reeling from litigation on everything from mortgage bonds to
manipulation of a key interest rate benchmark, Libor, or the London
Interbank Offered Rate.
The banks named in the suit were: Bank of America Corp.
BAC +0.17%
(BAC), Barclays
BARC.LN -5.74%
PLC (BARC.LN, BCS), BNP Paribas SA
BNP.FR -0.76%
(BNP.FR, BNPQY), Citigroup Inc.
C +0.35%
(C), Credit Suisse Group AG
CSGN.VX -0.18%
(CS, CSGN.VX), Deutsche Bank AG
DBK.XE -3.91%
(DBK.XE, DB), Goldman Sachs Group Inc.
GS +0.31%
(GS), HSBC Holdings
HSBA.LN +1.07%
Plc (HBC, HSBA.LN), Morgan Stanley
MS -0.16%
(MS), Royal Bank of Scotland Group
RBS.LN -2.52%
PLC (RBS.LN, RBS) and UBS AG
UBSN.VX +2.31%
(UBS, UBSN.VX).
J.P. Morgan Chase
JPM -0.30%
& Co. (JPM) was named as a "co-conspirator" in the complaint. The
lawsuit separately named as defendants the International Swaps and
Derivatives Association, a trade group for swaps, and Markit Group Ltd, a
financial data provider for CDS, which is co-owned by several banks.
ISDA
has previously said it believes the allegations in CDS lawsuits are
"without merit and that ISDA acted properly at all times."
Spokespeople for Citigroup, Morgan Stanley, and RBS declined to
comment. The other banks did not immediately return requests for
comment.
The failed broker's lawsuit is seeking treble damages and an
injunction for what it claims were attempts by banks to prevent it from
becoming a clearing broker for CDS. It also says the actions of the
banks caused customers to be overcharged in their trades by paying
"inflated" prices that "cushion the profits" of the defendants. The
complaint says the amount of damage done by dealers to plaintiffs is "in
the tens of billions of dollars."
MF Global, which filed for bankruptcy in December 2011, participated
in the CDS market both as a derivatives broker and as a customer
purchasing CDS, the lawsuit said. The lawsuit is overseen by a panel
managing MF Global's liquidation.
The MF Global case may be consolidated with others, where a single
judge will hear the various complaints filed, according to a person
familiar with the matter.
The suit echoes similar complaint filed in Illinois. In mid-July
three Danish pension funds and their investment management company
alleged anti-trust violations in the CDS market. In May, the Sheet Metal
Workers Local No. 33 Cleveland Pension Plan also alleged
anticompetitive practices in CDS. That lawsuit was amended to include
additional information earlier this month.
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