US District Court grants LME immunity from aluminium antitrust lawsuit

The London Metal Exchange has been dismissed from a US antitrust lawsuit alleging manipulation of aluminium supplies to drive up prices, on the grounds of sovereign immunity.

District Judge Katherine Forrest ruled in a Manhattan court that the LME is an organ of a foreign state and was not engaging in commercial activity when it allegedly manipulated the load-out rules for aluminium. The basis for the immunity ruling, made in the US District Court for the Southern District of New York, is the Foreign Sovereign Immunities Act (FSIA). “The court grants the LME’s motion to dismiss based on sovereign immunity,” the ruling said. “The court itself initially found this result somewhat surprising and counter-intuitive. Nevertheless, it is dictated by the prevailing case law,” the ruling added. Judge Forrest denied leave to re-plead the lawsuit brought by aluminium consumers against the LME, as well as Glencore, Goldman Sachs, JP Morgan and each of their warehouse subsidiaries. HKEx awaits ruling Hong Kong Exchanges & Clearing (HKEx), the owner of the LME, is also a...


Andrea Hotter

August 26, 2014

18:18 GMT

New York