The Department of Justice Lawsuit Against NAR
The U.S. Department of Justice claims that NAR policies governing display of MLS listing information on the Internet (including both the rescinded VOW policy and the new Internet Listing Display policy) violate federal antitrust laws. NAR strongly disagrees with the government's contentions and is vigorously defending both the MLS as a vehicle for broker-to-broker cooperation as well as the ability of a listing broker to control the use of that broker's listings on the Internet by competitors.
Judge Matthew Kennelley was assigned to the case after Judge Mark Filip, the prior judge, was appointed by President Bush to be Assistant Attorney General.
Discovery closed on November 20, 2007.
Neither party filed motions for summary judgment, so the case is heading towards trial unless the parties reach a settlement before trial.
The trial date is July 7, 2008. It will be a bench trial (no jury), and both sides anticipate the trial lasting four weeks.
Read the DOJ's original complaint (PDF).
Read NAR's motion to dismiss.
Read the DOJ's response to NAR's motion to dismiss (PDF).
Read the Northern District of Illinois' denial of NAR's motion to dismiss.
Read Judge Filip's decision denying NAR's motion to dismiss (PDF).
