In a motion filed on Wednesday, the plaintiffs' counsel wrote that NAR's decision to change its MLS policies was essentially NAR admitting that those requirements are a violation of antitrust law. This admission is critical to the issues raised by Plaintiffs in their complaint and rebut the Defendants' arguments that the previous policy of the NAR requiring membership in its organization in order for brokers and agents to access the MLS did not violate antitrust law and were not wrongful, the filing states.
The changes are the results of MLS PIN's long-awaited settlement agreement in the Nosalek commission lawsuit. The MLS defendant's fourth amended settlement agreement was granted preliminary approval in early June. Boston-based U.S. District Court Judge Patti B. Saris' approval came after the Department of Justice (DOJ) withdrew its objection to the settlement. This withdrawal happened only after MLS PIN agreed to business practice changes that brought its settlement in line with the National Association of Realtors' (NAR) nationwide commission lawsuit settlement agreement.