NAR urges DOJ and FTC to issue clear guidance on MLSs

The National Association of Realtors (NAR) is urging federal antitrust regulators to issue clear guidance that recognizes multiple listing services (MLSs) as procompetitive data infrastructure and clarifies how competitors can share property data and use AI tools without running afoul of the law.

In a May 21 letter to the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC), NAR President Kevin Brown responded to the agencies’ request for public comment on draft guidance for business collaborations among competitors. The comments focus on how MLSs operate as shared marketplaces and what kinds of information exchanges should be considered low risk from an enforcement perspective.

NAR described the MLS marketplace as “highly competitive,” with many business models serving buyers and sellers. Brokers and agents invest heavily in obtaining accurate listing information and then submit those listings to their local MLS, where standardized rules supported by NAR organize, verify and distribute the data broadly to market participants. That structure, the group said, allows brokers to compete using “complete, reliable, and comparable information.”

The association laid out several ways MLSs function as procompetitive infrastructure:

• Expanding sellers’ exposure to the widest pool of buyers, which can increase competition and support market-based prices
• Reducing buyers’ search costs and information gaps by offering a one-stop source for most area home sales
• Lowering barriers to entry by giving brokerages of all sizes equal access to high-quality property data
• Powering innovation through data feeds used by brokerages, consumer portals and other technology firms
• Advancing fair housing by providing transparent, broad access to listings
• Equipping regulators with data needed to monitor for anticompetitive behavior

NAR warned that a diminished MLS system would likely shift market power to the largest brokers, portals or technology companies, reduce competition and choice and leave buyers and sellers navigating a fragmented market with no single source of verified property data.

NAR said the current reliance on case-by-case enforcement creates uncertainty that can discourage beneficial collaboration and data sharing. The group asked the DOJ and the FTC to issue updated, example-driven guidance that:

• Reaffirms MLSs as procompetitive infrastructure
• Clarifies that sharing historical, factual property data that is widely disseminated and not forward-looking or competitively sensitive presents low enforcement risk
• Confirms that common property data fields — such as characteristics, transaction history and home prices — may be shared
• Draws a clear line between independent use of AI tools and algorithmic coordination among competitors
• Explains how trade association activities, including rulemaking and data-sharing, can support independent decision-making and competition without facilitating collusion
• Recognizes that shared data systems can enhance competition through standardized formats, quality controls and broad, even-handed access

For housing professionals, the outcome of this guidance will shape how MLSs handle data, how brokerages can deploy AI and analytics, and how far industry groups can go in standardizing practices without triggering antitrust risk. Clear rules could reduce legal uncertainty around new data products and technology partnerships built on MLS data.

NAR said MLSs already demonstrate that sharing factual property information can promote competition and benefit consumers. The association told regulators it “stands ready to assist” DOJ and the FTC as they refine the guidance for collaborations among competitors.

NAR joins MLS trade association, the Council of MLSs (CMLS), in addressing this issue with the DOJ and FTC. Earlier this week, CMLS sent its own letter asking the federal regulators to explicitly recognize MLSs as pro-competitive collaborations.

“MLSs are one of the most important examples of how collaboration can strengthen competition and benefit consumers,” Nicole Jensen, chair of CMLS and CEO of realMLS, said in the announcement. “CMLS is proud to lead this effort on behalf of the MLS industry and ensure policymakers understand the essential role MLSs play in creating an open, transparent, and efficient housing market.”

This article was written by Brooklee Han and generated with the assistance of HousingWire Automation, then reviewed by a HousingWire editor before publication.