John Marshall Harlan II

“ The Court holds that the Investment Company Institute has standing as a competitor to challenge the action of the Comptroller of the Currency because Congress 'arguably legislated against the competition that the petitioners sought to challenge, and from which flowed their injury.' The ICI, says the Court, is entitled to prevail because 'Congress did legislate against the competition that the petitioners challenge.' Ante, at 620, 621 (emphasis added) . ”

“ The Court's holding-that if Congress prohibited entry into a field of business for prasons relating to competition, then a competitor has standing to seek observance of the prohibition-has a surface appeal, but, so far as I can see, no sound analytical basis. Certainly none is offered. In any event, it appears to me that our prior decisions, particularly Hardin, require the conclusion that the petitioners in No. ”

“ But competitive injury provided no basis for standing in the above cases simply because the statutory and constitutional requirements that the plaintiff sought to enforce were in no way concerned with protecting against competitive injury. ”