Case Spotlight: ISDAfix antitrust class action another example of market rate manipulation

FRT Marketing
May 17, 2017

CASE BACKGROUND

The antitrust litigation referred to as “ISDAfix” alleges that the defendants participated in anticompetitive behavior to set the interest rate for derivative products. This case is indicative of a trend of recent benchmark rate manipulation cases, like Libor and Euribor. To date, the ISDAfix class action has resulted in a $380.5 million partial settlement agreed upon by eight banks. Several defendants have yet to settle.

The original complaint, filed on September 4, 2014, alleges that the defendant banks conspired together with interdealer broker ICAP PLC, which was responsible for managing the daily setting of the U.S. dollar-rate version of the ISDAfix, to manipulate the ISDAfix to the financial detriment of those purchasing or selling ISDAfix referenced financial products.

ISDAfix BACKGROUND

ISDAfix is an important benchmark in the U.S. financial system and a key interest rate for a broad range of interest rate derivatives and other financial instruments. It impacts everything from ordinary interest rate swaps (an exchange of a floating interest rate for a fixed one) and swaptions (options on interest rate swaps) to more esoteric financial instruments such as swap note futures, cash-settled swap futures, and constant maturity swaps, among others. ISDAfix rates are also used to price commercial real estate mortgages and various types of structured notes and bonds.

ISDAfix was designed to represent current fixed rates for interest rate swaps of various terms.  Specifically, it is supposed to be an average mid-market swap rate for six major currencies at selected maturities. Throughout the period relevant to this case, ISDAfix for swap rates priced in U.S. dollars was set every day between 11:00 and 11:15 a.m. ET. For USD swap rates, ISDAfix was administered by ICAP and was based on the submissions of the Defendant Banks.

SETTLEMENT DETAILS

The partial settlement breaks down as follows:

DETERMINING ELIGIBILITY

Parties eligible for the settlement include all persons or entities who entered into, received or made payments on, terminated, transacted in, or held an ISDAfix Instrument between January 1, 2006, and January 31, 2014, excluding the defendants and affiliates. As a component of the various settlement agreements reached to date, the settling defendants have agreed to collaborate with Class Counsel and the Claims Administrator to assist in the compilation of relevant transaction data. As such, it is likely that there will be an opportunity to work with the Claims Administrator to determine, at least on a preliminary basis, your likely eligibility and projected losses.

RELATED MATERIALS     

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Founded in 2008, Financial Recovery Technologies (FRT) is the leading technology-based services firm that helps the investment community identify eligibility, file claims and collect funds made available in securities and other class action settlements. Offering the most comprehensive range of claim filing and monitoring services available, we provide best-in-class eligibility analysis, disbursement auditing and client reporting, and deliver the highest level of accuracy, accountability and transparency available. For more information, go to www.frtservices.com.

This communication and the content found by following any link herein are being provided to you by Financial Recovery Technologies (FRT) for informational purposes only and does not constitute advice. All material presented herein is believed to be reliable but FRT makes no representation or warranty with respect to this communication or such content and expressly disclaims any implied warranty under law. Opinions expressed in this communication may change without prior notice. Firms should always seek legal and financial advice specific to their unique situation and objectives.

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Founded in 2008, Financial Recovery Technologies (FRT) is a leading technology-based services firm that helps the investment community identify eligibility, file claims and collect funds made available in securities and other class action settlements. Offering the most comprehensive range of claim filing and monitoring services available, we provide best-in-class eligibility analysis, disbursement auditing and client reporting, and deliver the highest level of accuracy, accountability and transparency available. For more information, go to www.frtservices.com.

 

This communication and the content found by following any link herein are being provided to you by Financial Recovery Technologies (FRT) for informational purposes only and does not constitute advice. All material presented herein is believed to be reliable but FRT makes no representation or warranty with respect to this communication or such content and expressly disclaims any implied warranty under law. Opinions expressed in this communication may change without prior notice. Firms should always seek legal and financial advice specific to their unique situation and objectives.