Is NAR a monopoly? This antitrust nonprofit thinks so

Last week, lawyers for PLS.com and the National Association of Realtors had oral arguments in front of a 9th Circuit Court of Appeals panel about whether NAR’s ban on pocket listings, which are listings not posted on the Multiple Listings Service, violates antitrust law. PLS.com claimed that their product – high-end listings strewn across the country – was effectively ruined by NAR requiring its 1.5 million members to post on the MLS.

PLS.com’s case was dismissed by a lower court, but the company’s appeal drew interesting allies. One is the U.S. Justice Department, which filed an amicus brief arguing that the lower court erred. Another is the Washington-based American Antitrust Institute.

The author of that brief, Laura Alexander, vice president of policy for the group, declared that NAR is a monopoly. Whether it is a monopoly harmful to society, Alexander said, should not be judged just on how home sellers and buyers are impacted but real estate agents in general.

Alexander expounded on her arguments for today’s episode of HousingWire Daily. She also discussed with HousingWIre real estate reporter Matthew Blake why NAR is feeling the heat now, and what will come of the multi-pronged legal scrutiny against the trade group.