Nasdaq says FINRA caps Facebook IPO claims at $41.6 million

Fri Oct 25, 2013 3:23pm EDT
 
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By Sarah N. Lynch

WASHINGTON (Reuters) - The total value of the claims that market makers can recover after suffering losses due to Nasdaq OMX Group Inc's botched handling of Facebook Inc's initial public offering is $41.6 million, the exchange operator said Friday.

The claims figure, which was calculated by Wall Street's industry-funded watchdog the Financial Industry Regulatory Authority, falls short of the $62 million that Nasdaq had initially set aside to repay brokerages that lost money.

Nasdaq said the figure is lower in part because some claims did not qualify for compensation under its plan.

The main reason for the lower figure, however, was because one firm opted to try to recover funds through arbitration.

The announcement did not name the brokerage, which was UBS AG.

UBS has pegged its losses from the glitch-ridden IPO at $350 million and was vocal in its decision to file an arbitration demand which claimed Nasdaq had violated a contract agreement.

U.S. District Judge Robert Sweet, however, blocked the bank's arbitration proceeding over the summer on several grounds, including a determination that the bank's claims did not fall within the scope of the arbitration provision in their services agreement.

"Nasdaq has demonstrated that the arbitration should be enjoined because it is likely to succeed on the merits and will suffer irreparable harm," Sweet wrote.   Continued...

 
The loading screen of the Facebook application on a mobile phone is seen in this photo illustration taken in Lavigny May 16, 2012. REUTERS/Valentin Flauraud