It can be difficult to determine whether a violation of the anti-tying statute has occurred, as it generally involves a careful analysis of specific facts and circumstances that are not memorialized and can involve divining the intent of the parties to a transaction.
In light of these complexities, the Board published and sought public comment on an interpretation of the anti-tying statute and related supervisory guidance. The proposed interpretation was published to  6  BIS Review 24/2004  help banking organizations and corporate customers clarify permissible practices under this complex statute in today's financial services environment.