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Real estate professionals should be aware of the notable development involving legal action from the Department of Justice (DOJ). The DOJ has filed a proposal with U.S. Court of Appeals for Ninth Circuit that seeks an extra two weeks, until February 10th, to present an amicus brief concerning National Association of REALTORS’ Clear Cooperation Policy – MLS Statement 8.0 (also known as “pocket listing prohibition in response to Top Agent Network’s antitrust allegations against NAR regarding its pocket listing policy. It appears likely that the DOJ will take either neutral or supportive stance on behalf TAN during their involvement in this court case 

With this action the Justice Department made a clear statement, demonstrating their commitment to antitrust principles. Stressing the need for continued oversight and investigation into potential anti-competitive conduct at NAR, attorneys revealed there was an active dispute concerning a previous Civil Investigative Demand in addition to ongoing scrutiny of NAR’s Clear Cooperation Policy and other policies involving the Multiple Listing Services. 

The U.S. Department of Justice recently demonstrated renewed interest in the ongoing antitrust lawsuit between PLS and The National Association of Realtors, when the Supreme Court refused to hear NAR’s petition attempting to overturn a Ninth Circuit ruling which reinstated their case for trial this October after it had been dismissed by district court earlier on. This highly-contested issue is expected to reach its climax shortly with an imminent trail only months away! 


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