Securities Activities of Banks in the GLB Era - Cleary Gottlieb Steen ...

a reward for previously providing credit or
other services.
(B) A bank from granting credit to a customer
based on the desire or hope that the customer
will obtain additional products from the bank
even if the bank conveys to the customer this
desire or hope for additional business.
(C) Cross-marketing the full range of products
offered by the bank or its affiliates,
encouraging an existing customer to purchase
additional products, or cross-selling multiple
products (“whether suggestive or aggressive”).
(D) Offering multiple products as a package if the
bank also offers the customer the opportunity to
obtain the customer’s desired product (or a
discount on the desired product) from the bank
separately from the allegedly tied product.
b. Condition or Requirement Imposed on the Customer by the
Bank
(i) Even if a condition or requirement exists tying a
customer’s desired product to another product, a
violation of the Anti-tying Statute may occur only if
the condition or requirement was imposed on the
customer by the bank.
(ii) This does not include “voluntary” (or “reverse”)
customer-initiated ties, including when a customer
believes that it stands a better chance of securing a
scarce commodity (such as credit) by “volunteering” to
accept other products or services from the bank or its
affiliates.
(iii) It should also be possible in appropriate circumstances
for a bank to respond to a request for a particular
“voluntary tie” with a counter-offer suggesting a
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