Our proposed interpretation and guidance are intended to help banks and the customers understand this rather complex compliance area. I should mention that we also received a comment letter on the proposed interpretation from the Department of Justice.
This letter, which is available on the Department’s web site, expresses concern that the bank anti-tying statute itself may suppress competition and harm consumers, especially as it is applied to large customers. The Justice Department recommends that the Board interpret the bank anti-tying statute in a manner similar to the federal antitrust laws.