Research On The Legal Regulation Of Bank Tying Arrangement In The United States

The introduction of the Bank Holding Company Act of1970amendment marked tying the legal regulation of the commercial banks, the United States achieved in accordance with the general anti-monopoly law regulation to set special specifications for regulatory changes. The amendment to Article106of the scope of application of the provisions, exceptions, tying the illegal element of relief made comprehensive provisions, these provisions and the Fed explained by relevant case reasoning to be specific, clear. The scope of the application of the provisions have been substantially cover all commercial banks in the United States, banks also must meet the general tying illegal tying element of illegality four elements distinguish its weaken or even abolish the economic power and the real impact, the regulations also explicitly tying three remedies bank. From the effect of the legislative mind, which provides a positive role to play in the maintenance of fair competition and financial consumer protection in the U.S. banking industry and the whole financial industry; However, it also suffered criticism from the banking sector and academia alleged abuse of the theory of comparative advantage status, over-regulation and inhibition of financial innovation.106Bank tying provisions applicable in the interaction of the financial policy of the United States, the practice of the financial industry and the related judicial practice, still in the constantly evolving.China’s commercial banks tying phenomenon has always existed, and the continuing credit shortage and financial pilot continued to expand the present and future of a long period of time, the bank tying increasingly frequent trend. In view of the fact that the Bank tying regulate direct relationship to the commercial banks, the vital interests of bank customers and other financial market players, it is necessary to perfect its legal regulation. China’s current legal system is not the behavior of commercial banks tying special specification, and its regulation of basic application of general competition law, there are little pockets of provisions scattered CBRC regulations and other normative documents which Tying regulation to the Bank, there is still the law is not clear, fragmentation and interoperability is not strong, the division of powers and responsibilities of the regulatory unknown, poor relief channels, and other issues. The U.S. Bank tying whom special legal regulation, is also the pros and cons of the pros and cons of both. In improve my bank tying regulatory issues, I think, should be comprehensive consideration, taking into account the efficiency, safety and fairness, attention to the system of incentives and market constraints, to avoid excessive regulation and lax regulation, should take full account of China’s banking industry and the whole financial industry status quo and development trend on the basis of reasonable and prudent regulation. I imagine that in the future modification of the Law on Commercial Banks the additional specification Bank tying the complete terms and conditions, or a financial industry fair competition by the State Council promulgated administrative regulations, special provision of a financial product tying behavior in the system, defined norms. The form can still be meeting again, lies in the provisions which should clear the scope of application, and reasonable set of exceptions including traditional banking products and regulators cases identified, scientifically setting tying illegal element of relief. Should be a clear division of regulatory powers and responsibilities, strengthening the real impact of bank tying regulatory, avoid banks by tying the risks conceal and regulatory arbitrage.