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The impact of Credit Suisse - more implicit preemption of antitrust laws by securities laws

Bryan Cave LLP
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USA
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April 15 2008

Applying the Supreme Court’s recent decision in Credit Suisse Securities (USA) LLC v. Billings, 127 S. Ct. 2383 (2007), the court in In re Short Sales Antitrust Litigation a class action complaint against a group of brokerage firms dismissed antitrust claims concluding that they were trumped by federal securities laws

Crediting preemption: how the Credit Suisse IPO case strengthens the FDA’s argument for the preemption of state law failure-to-warn claims

Reed Smith LLP
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USA
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July 26 2007

It is not every day that one looks to the intersection of securities litigation and antitrust law to find inspiration in defending against a pharmaceutical failure-to-warn claim, but the Supreme Court’s 71 decision (Justice Kennedy took no part in the decision) this term in Credit Suisse Securities (USA) LLC v. Billing, __ U.S. __, 127 S.Ct. 2383 (June 18, 2007) permits some important parallels with the continuing fight over the FDA’s preemption of state failure-to-warn cases

Antitrust laws limited to initial stock offerings - Credit Suisse Securities v Billing

Gardere Wynne Sewell LLP
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USA
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July 23 2007

The plaintiffs in this class action suit claimed that several of the nation’s largest underwriting firms entered into illegal contracts with purchasers of securities distributed in initial public offerings, and that through these contracts, the underwriting firms grossly inflated the price of the securities after the IPOs in the so-called aftermarket

The antitrust laws do not apply to underwriters’ conduct in IPOs, the Supreme Court holds in Credit Suisse Securities (USA) LLC v Billing

Baker & Hostetler LLP
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USA
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June 22 2007

On June 18, 2007, the United States Supreme Court decided that, in the context of initial public offerings (IPOs), the antitrust laws and the federal securities laws were “clearly incompatible,” reversing the Second Circuit Court’s decision

U.S. Supreme Court reconciles antitrust law and securities regulation

Fenwick & West LLP
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USA
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June 20 2007

On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws

Antitrust plaintiff barred from treading on SEC's turf: the Supreme Court says: "Leave the line drawing to the experts"

Edwards Wildman Palmer LLP
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USA
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June 21 2007

On Monday June 18, the Supreme Court staved off “serious harm to the efficient functioning of the securities markets” by immunizing Wall Street’s IPO syndication practices from antitrust lawsuits

Supreme Court gives investment banks immunity from antitrust laws

Kilpatrick Townsend & Stockton LLP
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USA
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June 19 2007

In a 7-1 decision, the U.S. Supreme Court sided with the securities industry and ruled yesterday in Credit Suisse that underwriting activities, such as syndication and marketing techniques, taking place during initial public offerings are impliedly immune from antitrust scrutiny

Supreme Court rules that plaintiffs cannot pursue antitrust claims against banks regarding their participation in underwriting agreements for IPOs

Fried Frank Harris Shriver & Jacobson LLP
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USA
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June 20 2007

The Supreme Court on Monday issued a significant antitrust and securities ruling in Billing v. Credit Suisse First Boston, a case that was closely watched by the securities industry

Supreme Court bars use of antitrust laws to challenge conduct of investment banking firms in initial public offerings

Porter Wright Morris & Arthur LLP
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USA
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June 21 2007

In a decision already being hailed on Wall Street, the U.S. Supreme Court has barred the use of the federal antitrust laws to challenge the allegedly anticompetitive conduct of ten leading investment banking firms in connection with the firms’ underwriting of initial public offerings (IPOs) during the dot-com boom

U.S. Supreme Court rules investment banks’ IPO activities immune from antitrust scrutiny

Alston & Bird LLP
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USA
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June 28 2007

On June 18, 2007, the United States Supreme Court significantly reduced the potential of antitrust liability to investment banks in the securities industry in Credit Suisse LLC v. Billing, 127 S.Ct. 2383

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The impact of Credit Suisse - more implicit preemption of antitrust laws by securities laws

Crediting preemption: how the Credit Suisse IPO case strengthens the FDA’s argument for the preemption of state law failure-to-warn claims

Antitrust laws limited to initial stock offerings - Credit Suisse Securities v Billing

The antitrust laws do not apply to underwriters’ conduct in IPOs, the Supreme Court holds in Credit Suisse Securities (USA) LLC v Billing

U.S. Supreme Court reconciles antitrust law and securities regulation

Antitrust plaintiff barred from treading on SEC's turf: the Supreme Court says: "Leave the line drawing to the experts"

Supreme Court gives investment banks immunity from antitrust laws

Supreme Court rules that plaintiffs cannot pursue antitrust claims against banks regarding their participation in underwriting agreements for IPOs

Supreme Court bars use of antitrust laws to challenge conduct of investment banking firms in initial public offerings

U.S. Supreme Court rules investment banks’ IPO activities immune from antitrust scrutiny

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