Lisa McCarthy, et al. v. Intercontinental Exchange, Inc., et al.

This is a private antitrust suit brought under Sections 4 and 16 of the Clayton Antitrust Act (15 U.S.C. §§ 15, 26) for violations of Sections 1 and 2 of the Sherman Antitrust Act (15 U.S.C. §§ 1, 2). The questions presented are: Whether Petitioners were denied their constitutional right to a “hearing” and opportunity for an oral argument under the Due Process Clause of the Fifth Amendment to the Constitution of the United States. Whether in light of the admissions by the Respondents that the LIBOR-based intra bank interest rate used as the benchmark rate offered for loans to consumers and businesses, and all varieties of consumer financial instruments, injures and damages consumers who pay for those financial products pursuant to Section 4 of the Clayton Antitrust Act, which provides that any person may bring suit for “any amount” for injury sustained by reason of the violations of Sections 1 and 2 of the Sherman Antitrust Act. Whether in light of the Respondents’ admissions that the LIBOR-based intra bank interest rate used as the benchmark rate offered for loans to consumers and businesses, Petitioners sufficiently alleged standing both as a threat of injury and injury in fact, which is satisfied by their purchase of any LIBOR-based consumer loans at higher-than-competitive rates from the Respondents or their co-conspirators.