"For the first 11 months of this second Trump administration it appeared that the DOJ had decreased its scrutiny of the real estate industry and the National Association of Realtors (NAR), but that era appears to be over, as this latest filing indicates that the DOJ is still keeping a close eye on some of the same real estate industry practices."
"In all of the commission lawsuits, including Davis, the brokerage defendants have argued that allegations of conspiracy cannot be substantiated because it centers on rules and conversations within Realtor associations, which they argue provide pro-competitive benefits for members and protect consumers' homeownership rights. In its filing, the DOJ pushed back against this notion, arguing that policies, even those promulgated by a trade association, can constitute concerted action and violate antitrust laws."
The DOJ filed a statement of interest in the Davis antitrust suit, asserting continued scrutiny of real-estate industry practices. The filing states DOJ interest in promoting competition among real-estate brokers because competition lowers commissions and improves brokerage quality for buyers. The DOJ contends that Howard Hanna made erroneous claims about antitrust application and alleged concerted action to inflate commissions. Brokerage defendants claim Realtor association rules and conversations provide pro-competitive benefits and protect consumers' homeownership rights. The DOJ argues that policies promulgated by trade associations can constitute concerted action and violate antitrust laws. The DOJ urges the court to apply per se analysis rather than the rule of reason, citing Sitzer/Burnett precedent.
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