9-1125. Same; unreasonable discrimination in providing services prohibited; exceptions.
9-1125
9-1125. Same; unreasonable discrimination in providing services
prohibited; exceptions.
No bank service corporation shall
unreasonably discriminate in the provision of any services authorized under
this act to any depository institution that does not own stock in the
service corporation on the basis of the fact that the nonstockholding
institution is in competition with an institution that owns stock in the
bank service corporation, except:
(a) It shall not be considered unreasonable discrimination for a bank
service corporation to provide services to a nonstockholding 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
(b) a bank service corporation may refuse to provide services to a
nonstockholding 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 corporation. In any action or proceeding to enforce the duty imposed by
this section, or for damages for the breach thereof, the burden shall be
upon the bank service corporation to show such availability or practical capacity.
History: L. 1963, ch. 64, § 3; L. 1984, ch. 48, § 12; July 1.