The U.S. Court of Appeals for the District of Columbia Circuit has confirmed the Justice Department's authority to investigate potentially anticompetitive conduct by the National Association of Realtors (NAR). The decision, announced on April 5, 2024, overturns restrictions that had previously hindered the Department's ability to probe into NAR's practices.

Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division expressed the importance of this ruling, stating, “Real-estate commissions in the United States greatly exceed those in any other developed economy, and this decision restores the Antitrust Division’s ability to investigate potentially unlawful conduct by NAR that may be contributing to this problem."

Kanter further added, “The Antitrust Division is committed to fighting to lower the cost of buying and selling a home. I would like to commend the staff of the Antitrust Division and our colleagues in the department for achieving this important result."

In its efforts to promote competition in the real estate industry and ensure favorable conditions for homebuyers and sellers, the United States has actively supported the investigation. The nation has submitted various amicus briefs and statements of interest in favor of enhancing competition in the real estate market.