Manatt Antitrust and Competition Partner Dylan Carson was quoted in Global Competition Review on the latest development in the Department of Justice’s (DOJ) renewed probe into the National Association of Realtors (NAR).
Shortly after the NAR agreed to settle the DOJ’s allegations regarding their policies, the DOJ withdrew the proposed consent decree and reopened its investigation, supported by a decision from the U.S. Court of Appeals. According to Carson, while it is uncommon for the Antitrust Division to reconsider settled cases, each administration has different enforcement priorities and may want to revisit previous decisions.
While the NAR petitioned for a rehearing to the appeals court, a circuit judge publicly provided his view that negotiations with the DOJ are tied to the “buyer beware” concept. “It'll be interesting to see what the full court does,” Carson said. “It is disfavored by the D.C. Circuit and exceedingly rare to grant full rehearing by all of the judges on the circuit.”
Global Competition Review subscribers can read the full article here.