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Eleventh Circuit joins Second and Seventh Circuits in rejecting antitrust claim challenging collective action by holders of existing debt

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • December 23 2011

In a significant decision that reaffirms the extent to which holders of debt may engage in coordinated behavior with respect to a common issuer, the United States Court of Appeals for the Eleventh Circuit recently affirmed a judgment on the pleadings for a group of hedge funds in an antitrust case challenging the funds’ actions under the Sherman Act

Second Circuit interprets Credit Suisse Securities (USA) LLC v. Billing and holds antitrust claims implicitly precluded by the securities laws

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • December 11 2009

On December 3, 2009, the United States Court of Appeals for the Second Circuit issued a significant decision affirming the dismissal of an antitrust lawsuit brought against major financial services firms alleging anticompetitive behavior in prime brokerage services provided to short sellers