Manatt Antitrust and Competition Partners Dylan Carson and Stephen Libowsky were quoted in an Inman article about the latest developments in the legal battle surrounding the Department of Justice’s (DOJ) investigation into the National Association of Realtors (NAR) after the U.S. Supreme Court declined to take the case.
Since the Supreme Court passed on trying NAR’s case to stop the DOJ’s investigation request, NAR would immediately have to comply with the department’s civil investigative demand (CID) for information from the trade organization. However, the NAR could still push back on future specific requests, Carson explained. While NAR may have a difficult time fully fighting these requests, the opposition could result in a compromise.
Libowsky and Carson added that the upcoming administration change could impact future of the case. “During a transition there’s usually an explanation of what current investigations are going on, and when the new folks get into place, they may decide to change the enforcement priorities,” Carson said. The new administration could revisit the initial settlement NAR reached with the DOJ to quit investigations, and the recently nominated leader of the antitrust division may not be inclined to abandon the case, Libowsky explained. “I suspect that Gail Slater, who’s nominated to head the antitrust division, will continue a number of the current enforcement priorities,” Libowsky said. “So I think real estate will still be a focus.”
Inman subscribers can read the full article here.