National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479, 37 (1998)

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

O'Connor, J., dissenting

essing customers could not obtain data processing services from any national bank, and in Clarke customers outside of the permissible branching area likewise could not obtain financial services from any national bank, in this action customers who lack an adequate bond with the members of a particular credit union can still receive financial services from a different credit union. Unlike the statutes in Data Processing, ICI, and Clarke, then, the common bond provision does not erect a competitive boundary excluding credit unions from any identifiable market.

The circumstances surrounding the enactment of the FCUA also indicate that Congress did not intend to legislate against competition through the common bond provision. As the Court explains, ante, at 493, n. 6, the FCUA was enacted in the shadow of the Great Depression; Congress thought that the ability of credit unions to "come through the depression without failures, when banks have failed so notably, is a tribute to the worth of cooperative credit and indicates clearly the great potential value of rapid national credit union extension." S. Rep. No. 555, at 3-4. Credit unions were believed to enable the general public, which had been largely ignored by banks, to obtain credit at reasonable rates. See id., at 2-3; First Nat'l Bank & Trust Co. v. National Credit Union Administration, 988 F. 2d 1272, 1274 (CADC), cert. denied, 510 U. S. 907 (1993). The common bond requirement "was seen as the cement that united credit union members in a cooperative venture, and was, therefore, thought important to credit unions' continued success." 988 F. 2d, at 1276. "Congress assumed implicitly that a common bond amongst members would ensure both that those making lending decisions would know more about applicants and that borrowers would be more reluctant to default." Ibid.; see ante, at 493, n. 6; A. Burger & T. Dacin, Field of Membership: An Evolving Concept 7-8 (2d ed. 1992).

The requirement of a common bond was thus meant to ensure that each credit union remains a cooperative institu-

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