The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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: 13 Civ. 7789 (LGS)
IN RE FOREIGN EXCHANGE BENCHMARK :
RATES ANTITRUST LITIGATION. : ORDER FOR
: JUDGMENT
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LORNA G. SCHOFIELD, District Judge:
WHEREAS, on October 11, 2022, a jury trial commenced on the two issues with respect
to which class certification was granted;
WHEREAS, on October 20, 2022, the jury returned a special verdict finding that
Plaintiffs did not prove by a preponderance of the evidence that Defendants Credit Suisse AG,
Credit Suisse Group AG and Credit Suisse Securities (USA) LLC (the “Credit Suisse
Defendants”) knowingly participated in a conspiracy to widen, fix, stabilize or maintain bid-ask
spreads in the foreign exchange market;
WHEREAS, knowing participation in a conspiracy is an element of Plaintiffs’ remaining
claims under Section | of the Sherman Act, 15 U.S.C. § 1 (“Section 1”). See United States v.
Aiver, 33 F.4th 97, 122 (2d Cir. 2022) (noting that whether the defendant “knowingly joined a
conspiracy to fix prices” was one of the “essential elements” of a Section 1 violation).
It is hereby
ORDERED that:
1. Judgment is entered in favor of the Credit Suisse Defendants and against Plaintiffs on
the Section 1 claims in the Third Consolidated Amended Class Action Complaint.
2. This Court retains jurisdiction over any matter pertaining to this Judgment.
Dated: October 24, 2022
New York, New York □
LORNA G. SCHOFIEL
UNITED STATES DISTRICT JUDGE