National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 33 (1998)

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Cite as: 522 U. S. 479 (1998)

O'Connor, J., dissenting

of investment banking. We found that the investment companies had standing, but did not rest that determination simply on the notion that the companies had an interest in enforcing the prohibition against banks entering the investment business. Instead, we observed that, as in Data Processing, "Congress had arguably legislated against . . . competition" through the Glass-Steagall Act. 401 U. S., at 620-621.

The final decision in this series was Clarke v. Securities Industry Assn., 479 U. S. 388 (1987). That case involved provisions of the McFadden Act, 44 Stat. 1228, allowing a national bank to establish branch offices only in its home State, and then only to the extent that banks of the home State were permitted to have branches under state law. The statute defined a "branch" office essentially as one that offered core banking services. The Comptroller allowed two banks to establish discount brokerage offices at locations outside the allowable branching area, on the rationale that brokerage services did not constitute core banking services and that the offices therefore were not "branch" offices. Representatives of the securities industry challenged the Comptroller's action, alleging a violation of the statutory branching limitations.

We held that the plaintiffs had standing under the zone-of-interests test, but again, not simply on the ground that they had an interest in enforcing the branching limits. Instead, we found that, as in ICI, Congress had "arguably legislated against . . . competition" through those provisions. 479 U. S., at 403 (internal quotation marks omitted). Specifically, Congress demonstrated "a concern to keep national banks from gaining a monopoly control over credit and money through unlimited branching." Ibid.; see also id., at 410 (Stevens, J., concurring in part and concurring in judgment) ("The general policy against branching was based in part on a concern about the national banks' potential for becoming massive financial institutions that would establish

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