Nasdaq Omx Phlx, Inc. v. Pennmont Securities

OPINION BY

FITZGERALD, J.: *

Appellants, PennMont Securities (“PennMont”) and Joseph D. Carapico, appeal from the order entered by the Philadelphia Court of Common Pleas granting summary judgment in favor of Appellee, NASDAQ OMX PHLX, Inc. (“Exchange”). We hold that the Exchange had no authority to initiate a private right of action to collect disciplinary fines imposed by Exchange Rule 651, a rule enacted by the Exchange pursuant to the federal Securities Exchange Act of 19341 (“Exchange Act”). We further hold that even if the Exchange had such authority, and the Exchange had properly pleaded…