If we were to offer discounted fees on an investment account for bank customers who maintain a certain deposit balance, would we be ok in terms of anti-tying? I am leaning towards yes, and here is why:
If the purpose of the anti-tying exception is to limit our ability to require the purchase of non-traditional products, then it would seem that by counting just the deposit balances we would be in compliance with the spirit of the exception. The anti-tying exception for combined balances says that the deposit balances have to count at least as much as the investment balances. Would it not be true that counting just the deposit balances would make this true?