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The case has attracted significant attention from Wall Street and corporate America. Allowing such suits would "increase ... the cost of capital for companies offering shares to the public," the Chamber of Commerce and other groups said in a court filing, and could "damage ... the competitiveness of the United States' capital markets."
The investment banks, including Credit Suisse Group and Merrill Lynch & Co. Inc., argue that their IPO methods -- including banding together to spread the risk of underwriting share offerings and discussing potential prices for the shares with interested investors -- are already regulated by the Securities and Exchange Commission.
Applying antitrust laws on top of SEC rules would lead to a "danger of inconsistencies and conflicts," argued Stephen Shapiro, a lawyer representing the banks.