DOJ says tossing pocket listing suit limits competition

The U.S. Department of Justice has filed an amicus brief in a federal lawsuit by pocket listing service Top Agent Network against NAR in May 2020 that states that tossing the suit would set unlawful precedents regarding competitive advantages of NAR-affiliated MLSs. The suit, which a court tossed in August 2021 but is now under appeal, alleges that the Clear Cooperation Policy, which requires MLS subscribers to enter listings into the MLS within one business day of publicly marketing them, violates antitrust laws. This simmering case is one to watch as it could have far-reaching impacts if the courts reopen the suit.