The Federal Reserve Board and the other federal banking agencies have long required that banking organizations establish and maintain policies and procedures to ensure compliance with the anti-tying restrictions, and the agencies monitor these policies and procedures through the supervisory process. Admittedly, at times it can be difficult to determine whether a violation of the anti-tying statute has occurred.
As I mentioned, some forms of tying by banks are expressly permitted, and the statute does not apply to tying arrangements imposed by the nonbank affiliates of a bank. Moreover, divining whether a bank imposed a prohibited tie often requires a close review of the facts and circumstances associated with the particular transaction.