In re Foreign Exchange Benchmark Rates Antitrust Litigation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nnn ee X : 13 Civ. 7789 (LGS) IN RE FOREIGN EXCHANGE BENCHMARK : RATES ANTITRUST LITIGATION. : ORDER FOR : JUDGMENT nnn ee X 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