Supreme Court to Hear Case on Fund Fees

Last year, the U.S. Court of Appeals for the Seventh Circuit ruled that a case three investors in Oakmark Funds had brought over what they alleged to be excessive fees failed to meet the burden of proof, setting an important precedent that protected fund firms against such cases.

But now, the U.S. Supreme Court will hear the case to determine whether the case set too high a bar.

“It’s very significant because mutual funds are now the investment vehicle of choice for most American investors,” said James Cox, a law professor at Duke University. “They’re the vehicle for planning for our retirements.”

The investors said Oakmark should charge retail investors the same lower fees that it charges institutional investors, arguing that it provides the same services to both investor classes. The investors further charged that as the firm’s assets rose, Oakmark failed to pass along economies of scale. But Oakmark, and other fund companies in the past, countered that retail investors demand more services than institutional investors.

David Frederick, the attorney for the plaintiffs, said they are grateful the high court is examining the matter.