National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 35 (1998)

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

O'Connor, J., dissenting

III

Applying the proper zone-of-interests inquiry to this action, I would find that competitive injury to respondents' commercial interests does not arguably fall within the zone of interests sought to be protected by the common bond provision. The terms of the statute do not suggest a concern with protecting the business interests of competitors. The common bond provision limits "[f]ederal credit union membership . . . to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district." 12 U. S. C. § 1759. And the provision is framed as an exception to the preceding clause, which confers membership on "incorporators and such other persons and incorporated and unincorporated organizations . . . as may be elected . . . and as such shall each, subscribe to at least one share of its stock and pay the initial installment thereon and a uniform entrance fee." Ibid. The language suggests that the common bond requirement is an internal organizational principle concerned primarily with defining membership in a way that secures a financially sound organization. There is no indication in the text of the provision or in the surrounding language that the membership limitation was even arguably designed to protect the commercial interests of competitors.

Nor is there any nontextual indication to that effect. Significantly, the operation of the common bond provision is much different from the statutes at issue in Clarke, ICI, and Data Processing. Those statutes evinced a congressional intent to legislate against competition, e. g., Clarke, supra, at 403, because they imposed direct restrictions on banks generally, specifically barring their entry into certain markets. In Data Processing and ICI, "the question was what activities banks could engage in at all," and in Clarke, "the question [was] what activities banks [could] engage in without regard to the limitations imposed by state branching law." 479 U. S., at 403.

513

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