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U.S. Code as of:
01/19/04
Section 1866. Services to nonstockholders or nonmembers
No bank service company shall unreasonably discriminate in the
provision of any services authorized under this chapter to any
depository institution that does not own stock in or is not a
member of the service company on the basis of the fact that such
depository institution is in competition with an institution that
owns stock in or is a member of the bank service company, except
that -
(1) it shall not be considered unreasonable discrimination for
a bank service company to provide services to a nonstockholding
or nonmember institution only at a price that fully reflects all
of the costs of offering those services, including the cost of
capital and a reasonable return thereon; and
(2) a bank service company may refuse to provide services to a
nonstockholding or nonmember institution if comparable services
are available from another source at competitive overall costs,
or if the providing of services would be beyond the practical
capacity of the service company.
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