National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 32 (1998)

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510

NATIONAL CREDIT UNION ADMIN. v. FIRST NAT. BANK & TRUST CO.

O'Connor, J., dissenting

In answering that question, we assessed whether the injury asserted by the plaintiffs was to an interest arguably within the zone of interests protected by the relevant statute. The data processors, like respondents here, asserted "economic injury" from the "competition by national banks in the business of providing data processing services." Id., at 152, 154. We concluded that the data processors' "commercial interest was sought to be protected by the anticompetition limitation contained in § 4," Bennett, supra, at 176 (discussing Data Processing), explaining that the provision "arguably brings a competitor within the zone of interests protected by it," 397 U. S., at 156.

Our decision in Data Processing was soon followed by another case involving § 4 of the Bank Service Corporation Act, Arnold Tours, Inc. v. Camp, 400 U. S. 45 (1970) (per curiam). Arnold Tours was similar to Data Processing, except that the plaintiffs were a group of travel agents challenging an analogous ruling of the Comptroller authorizing national banks to provide travel services. The travel agents, like the data processors, alleged injury to their commercial interest as competitors. 400 U. S., at 45. Not surprisingly, we ruled that the travel agents had established standing, on the ground that Congress did not "desir[e] to protect data processors alone from competition" through § 4. Id., at 46. Unlike in this action, then, our decisions in Arnold Tours and Data Processing turned on the conclusion that economic injury to competitors fell within the zone of interests protected by the relevant statute.

We decided Investment Company Institute v. Camp, 401 U. S. 617 (1971) (ICI), later in the same Term as Arnold Tours. The case involved a challenge by an association of investment companies to a regulation issued by the Comptroller that authorized national banks to operate mutual funds. The investment companies alleged that the regulation violated provisions of the Glass-Steagall Act, 1933, 48 Stat. 162, barring national banks from entering the business

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