DECLARATION OF SCOTT L. JOHNSTON
`
`I, Scott L. Johnston, declare that:
`
`1'.
`I am personally familiar with the facts set forth herein, and, if called as a witness,
`I could and would testify thereto of my own personal knowledge.
`
`2.
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`I reside in Oak Park, illinois.
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`From April of 2000 until May of 2004, I was Managing Director and Chief
`2.
`Information Officer ("CIO") ofthe Chicago Mercantile Exchange ("CME"). In this role,
`I was responsible for building and managing the Technology Division (which was
`responsible for the CME's teclmology, including GLOBEX, the CME's electronic trading
`platform). I was responsible for 410 employees in this role at the time I left. I was also
`the primary external representative and spokesperson for the CME in technology matters.
`In that role, I participated in customer and vendor calls.
`
`From the summer of2000 through 2002, the electronic trading volumes on
`3.
`GLOBEX exploded. Based on my experience, I believe that Trading Technologies'
`('TI") MD Trader product (which was launched in the faU of2000) was a significant
`factor contributing to the electronic volume growth at the CME.
`
`After the fall of2000, I noticed that the volume being traded electronically by
`4.
`Kingstree Trading L.L.C., a proprietary trading firm, had exploded. In around May of
`2001, I along with several other CME employees went on a field trip to Kingstree's
`offices in Evanston. This was the first time I had actua11y seen TT's MD Trader. Upon
`this visit, I was struck by the fact that Kingstree's traders were all frenetically trading on
`a front-end that looked different from what I had seen before. This front-end was TT's
`MD Trader. What I noticed was that the traders were entering many orders by rapidly
`clicking at various price levels on the MD Trader tool. Prior to seeing this, I had
`knowledge and had witnessed people trading using GL front-end software to trade
`electronically on the GLOBEX In my experience, traders using this GL front-end did
`not enter at the same rate as I saw the traders entering orders using MD Trader at
`Kingstree.
`
`5.
`From the fall of2000 until early 2002, I recall that TT's MD Trader product
`spreading until the point that it was the order entry of choice for most high-end active
`professional futures traders. In late 2001 or early 2002, I recall the CME requesting GL
`'i f-z.w I a" I
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`Sl.. \'!i
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`to put a tool similar to MD Trader into its front-end because the CME viewed the MD
`Trader type front-end as causing traders to trade more volume.
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`I declare under penalty ofpexjury that the foregoing is true and correct. Executed on
`s~remb~~2004.
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`~ ~ J
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`~----------------------
`Scott L. Johnston
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