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ARTICLE · 13 DECEMBER 2004

Are Canadian Banks Fit to Be Tied?

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In both Canada and the United States it is common for banks to provide customers with incentives to purchase multiple products.

CanadaAntitrust/Competition Law
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Article by Carolyn N. Naiman1 and Jason Brooks2

Published in Canadian Competition Record, Fall 2004.

Introduction

In both Canada and the United States it is common for banks3 to provide customers with incentives to purchase multiple products. This practice is referred to, in business terms, as "bundling" or "relationship pricing." But there is a fine line between permissible relationship pricing and prohibited tied selling. Tied selling involves making the purchase of one product conditional on the purchase of another.

In the United States, allegations of tied selling by banks have led to investigations by Congress and banking and securities regulators.4 In Canada, recent legislative initiatives have strengthened prohibitions against tied selling by banks.

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