By Jacob Bunge

Four of the biggest stock-options trading firms in the U.S. on Thursday sued exchanges over fees that the firms said were improperly collected for seven and a half years.

Citadel LLC, Susquehanna Investment Group and two other firms aim to recover fees spanning millions of orders that they argue were wrongly charged by options exchanges, which have refused to pay the money back, according to the complaint.

"[T]he dispute arises from the Exchanges' assertion that they are entitled to mischarge their members without taking any responsibility for it and without any liability under the law," lawyers for the trading groups wrote in the lawsuit.

The matter arose after exchanges last year levied $6.4 million in fines on Goldman Sachs Group Inc. (GS) for improperly submitting stock-options orders over a period of six years. The bank was accused of incorrectly marking trade orders on behalf of client broker-dealers and market-making firms, instead calling them "customer" orders, due to a long-running system issue.

The customer designation meant that such firms improperly collected payments from exchanges, typically directed toward brokers as an incentive for sending customer orders to exchange platforms. The money for such payments comes from fees that exchanges impose on market-making firms, and the lawsuit filed by the traders this week seeks to recover those fees, which were estimated to range between 10 cents and $1 per contract.

The traders' lawsuit referred to "one of the Exchanges' prominent member firms" that incorrectly marked orders as originating from customers.

"Belatedly, the Exchanges now recognize that they were improperly charging [payment for order flow] Fees on the Market Makers on the mismarked orders; however, the Exchanges have not reimbursed any of the improperly charged PFOF Fees to the Market Makers," lawyers for the trading firms wrote in the complaint.

Exchanges "conferred" after the firms aired their concerns but "refused to reimburse" the firms, according to the complaint. The firms' lawyers wrote that they weren't sure how much in fees was improperly collected by the exchanges.

The case is likely to add to scrutiny of the so-called "payment for order flow" model, where exchanges pay brokers to receive their customers' trades, an attractive lure for professional traders. Critics have said the structure creates potential conflicts while providing few benefits to the individual investors who place the prized orders.

Exchanges targeted in the suit include the Chicago Board Options Exchange, the International Securities Exchange as well as markets run by NYSE Euronext (NYX) and Nasdaq OMX Group Inc. (NDAQ). The CBOE is owned by CBOE Holdings Inc. (CBOE) and ISE is a unit of Deutsche Boerse AG (DB1.XE, DBOEF).

Pursuing the lawsuit alongside Citadel and Susquehanna in the lawsuit were trading firms Ronin Capital LLC and Group One Trading LP.

Representatives for NYSE, CBOE and the ISE declined comment. Representatives for Nasdaq had no immediate comment.

The lawsuit was earlier reported by Bloomberg News.

Write to Jacob Bunge at jacob.bunge@dowjones.com

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