Close Close
Popular Financial Topics Discover relevant content from across the suite of ALM legal publications From the Industry More content from ThinkAdvisor and select sponsors Investment Advisor Issue Gallery Read digital editions of Investment Advisor Magazine Tax Facts Get clear, current, and reliable answers to pressing tax questions
Luminaries Awards
ThinkAdvisor
Gavel being banged down on US dollars. Credit: Adobe Stock

Portfolio > Asset Managers

Goldman, JPMorgan, Morgan Stanley & UBS to Pay $499M to Settle Stock-Lending Suit

X
Your article was successfully shared with the contacts you provided.

What You Need to Know

  • The antitrust class action was bought by the Iowa Public Employees’ Retirement System and other pension funds.
  • The 2017 lawsuit accused the major banks of colluding to hinder the development of all-electronic trading systems that match lenders and borrowers of stock.

Goldman Sachs Group Inc., Morgan Stanley, JPMorgan Chase & Co. and UBS AG agreed to pay nearly $500 million to settle an antitrust class action by U.S. pension funds over the banks’ control of the market for stock loans used for hedging and short selling.

According to a Wednesday court filing by the pension funds in Manhattan federal court, the four banks agreed to pay $499 million and also cooperate in the litigation against Bank of America Corp., the sole remaining defendant.

Credit Suisse AG last year agreed to pay $81 million to settle the claims against it.

Despite agreeing to settle, Goldman, Morgan Stanley, JPMorgan and UBS continue to deny any wrongdoing, according to the filing.

The plaintiffs, led by Iowa Public Employees’ Retirement System, asked U.S. District Judge Katherine Polk Failla to preliminarily approve the settlement as “fair, reasonable, and adequate.”

The 2017 lawsuit accused the major banks of colluding to hinder the development of all-electronic trading systems that match lenders and borrowers of stock.

Banks typically locate shares that trading clients are looking to short and then loan them the stock, usually through their prime brokerage units. The suit focused on the banks’ participation in EquiLend, a joint-venture trading and clearing service.

According to the pension funds, they used EquiLend as the forum for collusion.

EquiLend also joined in the settlement and agreed to a series of reforms that the plaintiffs believe will “materially decrease the likelihood of future collusion in the stock lending market,” the pension funds said in the filing.

“By facilitating the ability of the stock lending market to become more competitive and transparent, plaintiffs believe that these reforms generate significant value for both existing class members and future borrowers and lenders in the stock lending market,” the pension funds said in their filling.

Goldman, Morgan Stanley and UBS declined to comment on the proposed settlement. JPMorgan didn’t immediately respond to calls seeking comment after business hours.

A lawyer for EquiLend also didn’t immediately respond to a request for comment.

The case is Iowa Public Employees Retirement System v. Bank of America Corp., 17-cv-6221, U.S. District Court, Southern District of New York (Manhattan)

(Credit: Adobe Stock)

Copyright 2023 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.