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Antitrust

Overview

Kirby McInerney has decades of experience representing investors in litigation relating to market manipulation and price fixing for both indirect and direct purchasers, in cases brought under the Sherman Act and state law analogs. We especially excel in redressing complex financial fraud involving highly specialized markets, such as financial derivatives, where we continue to break new ground in terms of the law and size of settlements.

Our firm has been involved in some of the most cutting-edge areas of market manipulation cases of the last three decades, including participating in the seminal case related to Sumitomo Corporation’s manipulation of the copper market, and, more recently, filing the first lawsuit related to the high-profile manipulation of the LIBOR benchmark rate.

In addition to our work involving financial products, our experience further spans the markets for gasoline, propane, cement, concrete, steel, potash, silver, and others. We have extensive experience prosecuting cases against corporations in these industries for violations of the full breadth of antitrust laws: illegal price fixing, unlawful monopolization, monopoly leveraging, illegal tying arrangements, illegal mergers or acquisitions, unfair competition, exclusive dealing, and refusals to deal. Our clients include public pension funds, hedge funds, market makers, and others.

Contacts

Whistleblower Spotlight

  • KM represented the person who received nearly $200 million, the largest-ever individual commodities whistleblower award (CFTC WB Award No. 21-WB-07).  The information the whistleblower provided catalyzed investigations by the Commodity Futures Trading Commission (CFTC), a U.S. federal regulator, and a foreign regulator into the manipulation of crucial financial benchmarks used by global banks as the basis for the pricing of fixed income securities and derivative products. The CFTC initially rejected the whistleblower’s award application, but the firm’s advocacy resulted in a successful appeal for the client.
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