National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 34 (1998)

Page:   Index   Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

512

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

O'Connor, J., dissenting

monopolies on financial services"). The Court makes no analogous finding in this action that Congress, through the common bond provision, sought to prevent credit unions from gaining "monopoly control" over the customers of banking services.

It is true, as the Court emphasizes repeatedly, see ante, at 488-492, 494-498, that we did not require in this line of decisions that the statute at issue was designed to benefit the particular party bringing suit. See Clarke, supra, at 399- 400. In Arnold Tours and Data Processing, for instance, it was sufficient that Congress desired to protect the interests of competitors generally through § 4 of the Bank Service Corporation Act, even if Congress did not have in mind the particular interests of travel agents or data processors. See Arnold Tours, supra, at 46. In Clarke, likewise, the anti-branching provisions of the McFadden Act may have been intended primarily to protect state banks, and not the securities industry, from competitive injury. Respondents thus need not establish that the common bond provision was enacted specifically to benefit commercial banks, any more than they must show that the provision was intended to benefit Lexington State Bank, Piedmont State Bank, or any of the particular banks that filed this suit.

In each of the competitor standing cases, though, we found that Congress had enacted an "anticompetition limitation," see Bennett, 520 U. S., at 176 (discussing Data Processing), or, alternatively, that Congress had "legislated against . . . competition," see Clarke, supra, at 403; ICI, supra, at 620- 621, and accordingly, that the plaintiff-competitor's "commercial interest was sought to be protected by the anticompetition limitation" at issue, Bennett, supra, at 176. We determined, in other words, that "the injury [the plaintiff] complain[ed] of . . . [fell] within the zone of interests sought to be protected by the [relevant] statutory provision." National Wildlife Federation, 497 U. S., at 883. The Court fails to undertake that analysis here.

Page:   Index   Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: October 4, 2007