A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors' claims of market-rigging.
The 2nd U.S. Circuit Court of Appeals in Manhattan reversed a lower court judge's dismissal of investors' antitrust claims against 16 banks, including Deutsche Bank AG, UBS AG , Bank of America Corp and JPMorgan Chase & Co because she found no showing of anticompetitive harm.
"Appellants sustained their burden of showing injury by alleging that they paid artificially fixed higher prices," Circuit Judge Dennis Jacobs wrote for a three-judge appeals court panel.
Libor, or the London Interbank Offered Rate, underpins hundreds of trillions of dollars of transactions and is used to set rates on credit cards, student loans and mortgages. It is calculated based on submissions by banks that sit on panels.
But investors including the University of California and cities such as Baltimore, Houston and Philadelphia accused big banks of suppressing Libor during the financial crisis to boost earnings or make their finances appear healthier.
The decision could help investors in several lawsuits in Manhattan seeking to hold banks liable for billions of dollars in damages for alleged price-fixing in U.S. Treasuries, commodities, currencies, derivatives and other rates.
One such lawsuit, concerning credit default swaps, led to a $1.86 billion settlement last September with a dozen banks.
"It strengthens the hand of investors in other price-fixing cases based on benchmarks that were reached in collaborative, or outright collusive, arrangements," said Lawrence White, a professor at New York University's Stern School of Business.
Robert Wise, a lawyer at Davis Polk & Wardwell who argued the appeal on the banks' behalf, declined to comment.
"It's a long-awaited vindication of fundamental antitrust principles," said Michael Hausfeld, a lawyer for some plaintiffs in the Libor and other antitrust cases. "It establishes a roadmap for similar allegations in other cases involving benchmark rate-fixing by financial institutions."