McCarthy

McCarthy v. Intercontinental Exchange, Inc.

Good Law
United States District Court, Northern District of CaliforniaDecember 23, 20213:20-cv-05832California3,247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LISA MCCARTHY, et al., Case No. 20-cv-05832-JD

Plaintiffs,

ORDER RE INJUNCTION

v. 9 Re: Dkt. Nos. 19, 259 INTERCONTINENTAL EXCHANGE, INC., et al., 11 Defendants.

12 In this consumer antitrust action, Lisa McCarthy and twenty-six other plaintiffs allege that a number of banks and financial institutions have engaged in a conspiracy to fix the intra-bank interest rate known as the USD LIBOR. Dkt. No. 1. The gravamen of the complaint is that the LIBOR formula and procedures themselves, which have been publicly known since the 1980s, are inherently anticompetitive, and that defendants’ participation in determining LIBOR is itself a conspiracy. In this respect, this case is entirely different from long-running litigation in other courts which alleged that banks and other financial institutions manipulated the submissions used to determine the LIBOR. See Gelboim v. Bank of America Corp., 823 F.3d 759, 764 (2d Cir. 2016) (“[i]t is alleged that the Banks colluded to depress LIBOR by…

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