CME Group Inc., the largest and most diverse futures exchange in the world, today (August 4) received a ruling from the Delaware Courts regarding the exercise rights held by members of the Chicago Board of Trade, making clear that the Court, not the Securities Exchange Commission, will decide what "economic rights" CBOT exercise right holders have in the Chicago Board Options Exchange. CBOE had sought to have the Delaware case dismissed, arguing that only the SEC could decide these issues. The Delaware Court found this argument "troubling," and ruled instead that the Court, not the SEC, has jurisdiction over the largest parts of the case including ownership rights and the claims that CBOE and its directors breached their fiduciary duties.
The Court also announced that it will wait to take up these economic issues until after the SEC completes its review of CBOE's proposed rules on membership and trading rights.
In addition, due to the fact that CME Group and CBOT exercise right holders may have valid damages claims against CBOE, the Court denied the company's request for a temporary restraining order preventing CBOE from restricting leasing privileges to CBOT members who lease their CBOE trading rights. CME Group intends to amend its case to include these claims to receive monetary damages for the ongoing injury caused by CBOE's actions.
"Today's ruling is an important milestone in protecting the ownership rights of CBOT members who hold CBOE exercise rights," said CME Executive Chairman Terry Duffy. "We have maintained that the issue of CBOE ownership belongs in the Delaware Courts. CBOE has tried to avoid the courts by issuing its own rules at the SEC claiming these rights are gone. The Judge has now made clear that the courts, not CBOE, will decide these important economic rights. Because the decision was to delay this case until after the SEC completes its related review of membership rights, this case could take months to resolve, creating a ripple effect in which the damages increase with the passage of time. CME Group will continue to vigorously defend the rights of the exercise right holders." -Chicago Mercantile Exchange
