Did NAR's MLS policy update signal an antitrust shift?

"In a motion filed on Wednesday, the plaintiffs' counsel wrote that NAR's decision to change its MLS policies was essentially NAR admitting that those requirements are a violation of antitrust law. This admission is critical to the issues raised by Plaintiffs in their complaint and rebut the Defendants' arguments that the previous policy of the NAR requiring membership in its organization in order for brokers and agents to access the MLS did not violate antitrust law and were not wrongful, the filing states."

"After the changes announced Monday, NAR's MLS Policy Handbook no longer states that to the extent permitted by law, the National Association remains firmly and unequivocally committed to the principle that association membership is a reasonable condition of participation in the association's multiple listing service, after the most recent changes. Additionally, NAR has previously stated in its policies that it would provide legal or financial assistance to state and local associations or MLSs that were sued over these policies."

Plaintiffs allege that removal of offers of cooperative compensation from the MLS under settlement-driven business-practice changes has rendered association membership of no benefit. Plaintiffs contend that NAR's policy changes amount to an admission that prior membership requirements violated antitrust law and that this admission undermines defendants' prior defenses. NAR's MLS Policy Handbook no longer contains a firm commitment that association membership is a reasonable condition of MLS participation. NAR previously promised legal or financial support to local associations sued over such policies. An NAR spokesperson said the trade group will respond in court and affirmed local MLS discretion over access requirements.

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