Insights

  • Ford O'Brien Landy LLP

    275 Madison Avenue
    Floor 24
    New York, New York 10016

    Phone: (212) 858-0040

  • Ford O'Brien Landy LLP

    3700 Ranch Road 620 South
    Suite B
    Austin, Texas 78738

    Phone: (512) 212-7809

Is The Fed Limiting Competition?

The Federal Reserve found itself on the wrong end of legal action in September, facing accusations of limiting competition in order to serve the interests of big banks at the expense of their customers.

The serious accusations were made in a lawsuit filed by a former Fed official. His lawsuit accuses Jerome H. Powell – the Fed chairman – of squashing his idea to create a new bank -TNB USA- that would not make loans; instead, “it would put all of its customer deposits into an account at the New York Fed (Source: “Federal Reserve Is Sued, Accused of Limiting Competition“, The New York Times). 

According to James McAndrews, the plaintiff in the case, he was given the impression his bank’s application would be approved only to be denied shortly afterward “at the specific direction of the Board’s Chairman” (Mr. Powell). 

Was this decision made in order to limit competition, as alleged in the lawsuit? The Fed has not made any statements other than to confirm that they are aware of the lawsuit. Meanwhile, critics of the McAndrew’s proposal for the new bank could cause instability by drawing customers away from banks with a broader portfolio of services, particularly customers looking for a safe place to park their deposits. 

This is an important case to keep an eye on, as its implications for investors and financial institutions could be far reaching. 

Ford O'Brien Landy LLP

Ford O'Brien Landy LLP

Ford O’Brien Landy LLP is a Chambers-recognized litigation boutique with offices in New York City and Austin, Texas, representing businesses, professionals, and individuals throughout the United States and internationally. Our attorneys handle white-collar criminal defense, government and regulatory investigations, complex commercial litigation, and other high-stakes matters, wherever they arise.