Legal
Australian Regulator Accuses ANZ Of Rigging Markets; Bank Vows To Fight Claims

The bank and Australian regulator have locked horns over claims of rate-rigging.
Australia and New Zealand Banking Group has rejected allegations
by Australia’s financial watchdog that it manipulated markets, an
offence that has already seen a number of banks around the world
fined and punished.
The Australian Securities and Investments Commission claims
ANZ is guilty of
“unconscionable conduct and market manipulation in relation to
the ANZ's involvement in setting the bank bill swap reference
rate (BBSW) in the period March 2010 to May 2012”.
In a statement issued on Friday, ANZ said it will “vigorously
defend legal action brought by ASIC”.
Since mid-2012 the regulator has been investigating the practices
of 14 panel bank participants in the Australian interbank BBSW
market covering the period 2007 to 2012.
“ASIC has advised ANZ that it has no concerns about the bank’s
current market practices and ANZ notes there has been no
allegation of collusion between it and other institutions,” ANZ
said.
“We have cooperated fully with ASIC’s investigation over many
months, at a cost of many millions of dollars. This includes
actively seeking to resolve the Commission’s concerns since
January 2015. We believe the Commission’s statement of claim is
based on a misunderstanding of how bank bill issuance and
interest rate risk management operates and the limited case law
which applies to this area,” said Nigel Williams, chief risk
officer at the bank.
“Our practices in the BBSW market were consistent with Australian
market practices in wholesale financial markets and we reject
ASIC’s characterisation of the transactions in question. Chat
messages between traders is an issue that we will continue to
review. We have already dealt with chats and behaviours that
breach our code of conduct through internal disciplinary action
against the individuals involved,” he continued.
“Since June 2014 we have also engaged ASIC about chat messages
between ANZ traders. We do not agree however with ASIC’s
characterisation of the issues related to the chat messages. It
is now for the courts to provide clarity on trading practices,”
he said.
ASIC initiated legal proceedings in the Federal Court in
Melbourne.
The BBSW is the primary interest rate benchmark used in
Australian financial markets, administered by the Australian
Financial Markets Association. On 27 September 2013, AFMA changed
the method by which the BBSW is calculated. The conduct that the
proceedings relate to occurred before the change in methodology.