Justice Department Files Antitrust Case and Simultaneous Settlement Requiring National Association of Realtors® To Repeal and Modify Certain Anticompetitive Rules

Settlement Will Increase Competition to the Benefit of American Homeowners and Homebuyers and Allow for Innovation in Brokerage Markets

The Department of Justice today filed a civil lawsuit against the National Association of REALTORS® (NAR) alleging that NAR established and enforced illegal restraints on the ways that REALTORS® compete.

The Antitrust Division simultaneously filed a proposed settlement that requires NAR to repeal and modify its rules to provide greater transparency to home buyers about the commissions of brokers representing home buyers (buyer brokers), cease misrepresenting that buyer broker services are free, eliminate rules that prohibit filtering multiple listing services (MLS) listings based on the level of buyer broker commissions, and change its rules and policy which limit access to lockboxes to only NAR-affiliated real estate brokers. If approved, the settlement will enhance competition in the real estate market, resulting in more choice and better service for consumers.

“Buying a home is one of life’s biggest and most important financial decisions,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Home buyers and sellers should be aware of all the broker fees they are paying. Today’s settlement prevents traditional brokers from impeding competition — including by internet-based methods of home buying and selling — by providing greater transparency to consumers about broker fees. This will increase price competition among brokers and lead to better quality of services for American home buyers and sellers.”

According to the complaint, NAR’s anticompetitive rules, policies, and practices include: (i) prohibiting MLSs that are affiliated with NAR from disclosing to prospective buyers the commission that the buyer broker will earn; (ii) allowing buyer brokers to misrepresent to buyers that a buyer broker’s services are free; (iii) enabling buyer brokers to filter MLS listings based on the level of buyer broker commissions offered; and (iv) limiting access to the lockboxes that provide licensed brokers with access to homes for sale to brokers who work for a NAR-affiliated MLS. These NAR rules, policies, practices have been widely adopted by NAR-affiliated MLSs resulting in decreased competition among real estate brokers.

NAR is a trade association of more than 1.4 million-member REALTORS® who are engaged in residential real estate brokerages across the United States. NAR has over 1,400 local associations (called “Member Boards”) organized as MLSs through which REALTORS® share information about homes for sale in their communities. Among other activities, NAR establishes and enforces rules, policies, and practices that are adopted by the Member Boards and their affiliated MLSs.

The proposed settlement will be published in the Federal Register as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments regarding the proposed final judgment within 60 days of its publications to Chief, Office of Decree Enforcement and Compliance, Antitrust Division, U.S. Department of Justice, 950 Pennsylvania Ave., N.W., Washington, DC 20530. At the conclusion of the 60-day comment period, the court may enter the proposed final judgment upon a finding that it serves the public interest.

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    Airlines serving Ronald Reagan Washington National Airport (Reagan National) are subject to, among other federal operational requirements, (1) a “perimeter rule,” limiting nonstop flights to a distance of 1,250 miles unless there is an exemption, and (2) a “slot” or operating authorization requirement for each takeoff and landing. GAO found that while the 40 daily beyond-perimeter flights to or from Reagan National accounted for about 6 percent of flights and 10 percent of passengers at the airport in 2019, the additional flights may have had some limited effects, including further reducing the airport's landside capacity (e.g., ticketing and gates). GAO's analysis of the Department of Transportation's (DOT) data from 2010 through 2019 showed that airlines used larger aircraft on beyond-perimeter flights carrying, on average, about 75 more passengers than within-perimeter flights. While these larger aircraft may use more capacity, they did not contribute to a substantial increase in flight delays at Reagan National. The beyond-perimeter flights may have also had other effects, such as drawing a few flights and passengers from Washington Dulles International Airport (Dulles). 2020 Beyond-Perimeter Flight Exemptions at Ronald Reagan Washington National Airport Several factors—existing slot control rules; capacity at Reagan National; and potential effects on noise, other area airports, passengers, and airline competition—should be considered in any decision to modify Reagan National's perimeter rule, according to GAO's prior work and stakeholder interviews. GAO examined these factors under three scenarios: (1) no changes to the current perimeter rule or beyond-perimeter flights, (2) adding a small number of beyond-perimeter flights, and (3) completely lifting the perimeter rule. Many stakeholders who provided a perspective did not support changes to the perimeter rule, citing concerns about increased congestion at Reagan National or drawing passengers from other airports, primarily Dulles. Some stakeholders supported adding a small number of beyond-perimeter flights, citing increased competition if airlines added service to existing routes. No stakeholders supported lifting the perimeter rule, saying it would disadvantage airlines with a small number of flights at Reagan National. Regardless of their position on the rule, many stakeholders said airlines would add beyond-perimeter flights if allowed. Reagan National's perimeter and slot control rules were designed in part, respectively, to help increase use of Dulles and manage congestion at Reagan National by limiting the number of flights. On three occasions—2000, 2003, and 2012—federal statutes have provided exemptions to the perimeter rule, collectively allowing 40 daily beyond-perimeter flights (20 round trips) at Reagan National. Of these exemptions, 32 were new beyond-perimeter flights and eight allowed airlines to convert existing slots to beyond-perimeter flights. The Metropolitan Washington Airports Authority (MWAA) operates Reagan National and Dulles, and DOT and the Federal Aviation Administration (FAA) oversee these rules. GAO was asked to update its past work on the perimeter rule. This report describes (1) the effects of beyond-perimeter flights at Reagan National, and (2) key considerations if additional beyond-perimeter flights are allowed. GAO analyzed DOT data for the most recent 10-year period (2010 through 2019) on passengers and flights at Reagan National and Dulles, and MWAA data on airport capacity at Reagan National in 2019. GAO also reviewed relevant statutes and regulations, and interviewed DOT and FAA officials, and a non-generalizable sample of 32 stakeholders: 9 airlines, 4 airport authorities, 7 academics, 5 associations, 5 community groups, and 2 consumer advocates. Selected airlines included those that operate out of Reagan National or Dulles; other stakeholders were recommended or selected, in part, from prior GAO work and their expertise on the topic. For more information, contact Heather Krause at (202) 512-2834 or krauseh@gao.gov.
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  • Justice Department Publishes Statement on 2016 President’s Council of Advisors on Science and Technology Report
    In Crime News
    Today, the Justice Department published a statement on the 2016 President’s Council of Advisors on Science and Technology (PCAST) Report, Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.  The statement is a response to PCAST’s claims regarding what it described as forensic “feature comparison methods.”
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  • Justice Department Files Sexual Harassment Lawsuit Against Massachusetts Property Manager
    In Crime News
    The Department of Justice announced today that it has filed a lawsuit alleging that a property manager in Chicopee, Massachusetts violated the Fair Housing Act by subjecting female tenants to sexual harassment.
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  • Justice Department Files Statement of Interest Urging Transparency in the Compensation of Asbestos Claims
    In Crime News
    The Department of Justice today filed a Statement of Interest in In re Bestwall LLC in the U.S. Bankruptcy Court for the Western District of North Carolina. In this bankruptcy case, the debtor Bestwall LLC seeks to establish a trust to resolve its asbestos liabilities pursuant to 11 U.S.C. § 524(g), a provision in the Bankruptcy Code that provides the framework for responding to the unique issues associated with asbestos liability.
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  • Kenyan National Indicted for Conspiring to Hijack Aircraft on Behalf of the Al Qaeda-Affiliated Terrorist Organization Al Shabaab
    In Crime News
    The Department of Justice announced the unsealing of an indictment charging Cholo Abdi Abdullah with six counts of terrorism-related offenses arising from his activities as an operative of the foreign terrorist organization al Shabaab, including conspiring to hijack aircraft in order to conduct a 9/11-style attack in the United States.  Abdullah was arrested in July 2019 in the Philippines on local charges, and was subsequently transferred on Dec. 15, 2020 in connection with his deportation from the Philippines to the custody of U.S. law enforcement for prosecution on the charges in the indictment.  Abdullah was transported from the Phillippines to the United States yesterday, and is expected to be presented today before Magistrate Judge Robert W. Lehrburger in Manhattan federal court.  The case is assigned to United States District Judge Analisa Torres.
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  • Judiciary Report Underscores Commitment to Civics Education
    In U.S Courts
    Federal courts are approaching the 2020-2021 academic year with an endorsement of volunteer civics education efforts by judges and a willingness to support teachers in bringing the human face of the Judiciary into their civics and government classes, whether students are at home or in school.
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  • Tiny Asteroid Buzzes by Earth – the Closest Flyby on Record
    In Space
    An SUV-size space rock [Read More…]
  • Joint Statement of the U.S.-Ecuador Bilateral Expanded Political Dialogue
    In Crime Control and Security News
    Office of the [Read More…]
  • OECD Working Group on Bribery Issues Report Commending United States for Maintaining Leading Role in the Fight Against Transnational Corruption
    In Crime News
    The Working Group on Bribery of the Organisation for Economic Co-operation and Development (OECD Working Group) issued its Phase 4 Report of the United States today, announced the U.S. Departments of Justice, Commerce, State, and the Securities and Exchange Commission (SEC).
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  • Justice Department Reaches Proposed Consent Decree to Resolve Hampton Roads Regional Jail Investigation
    In Crime News
    Today, the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia filed a complaint and a proposed consent decree with the Hampton Roads Regional Jail Authority.
    [Read More…]
  • How NASA’s Mars Helicopter Will Reach the Red Planet’s Surface
    In Space
    The small craft will [Read More…]