Bondi confirmed that enforcing antitrust laws would be a top priority for her as Attorney General. This indicates that the real estate industry should be prepared for continued investigations into its practices.
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Pam Bondi underwent intense questioning by U.S. senators during her Senate confirmation hearings to become the next U.S. Attorney General. She addressed various concerns raised by lawmakers, from revitalizing the public image of the U.S. Department of Justice (DOJ) to handling requests from President Trump and more.
Senator Chuck Grassley, R-Iowa, questioned Bondi about her approach to enforcing antitrust laws to safeguard consumers, a topic that has been a focus for many real estate professionals in recent years as the DOJ has cracked down on major players like the National Association of Realtors (NAR) and RealPage for practices deemed anti-competitive.
“Enforcing antitrust laws is crucial to ensure fair markets and protect consumers,” Sen. Grassley stated on Wednesday. “I’ve been proactive in ensuring that the Justice Department and the [Federal Trade Commission] scrutinize mergers and watch out for anti-competitive behavior and predatory practices. I monitor these issues closely as they impact my state of Iowa and various industries like agriculture, healthcare, and technology. I’m eager to hear your commitment to prioritize antitrust enforcement.”
Bondi reiterated her dedication to upholding antitrust laws as Attorney General.
“Antitrust enforcement was a priority when I served as a state AG and will remain a priority if confirmed as Attorney General,” Bondi affirmed. “I am very pleased to have Gail Slater leading the charge; she is highly respected by both sides.”
Slater, a former FTC employee, was nominated by President Trump in December to head the DOJ’s antitrust division.
Although NAR and other industry giants addressed some of the DOJ’s concerns about industry practices in settlement lawsuits, including increasing transparency around agent payments and eliminating cooperative compensation, the real estate sector continues to be under the DOJ’s scrutiny. With Slater and Bondi emphasizing their focus on scrutinizing antitrust practices, the industry should be prepared for ongoing investigations.
The Supreme Court’s denial of NAR’s appeal request in its case with the DOJ means the DOJ can reopen its investigation into NAR’s commission and pocket listing rules. The DOJ argues that the Sitzer | Burnett settlement did not go far enough and that listing brokers and sellers should not offer compensation to buyer brokers preemptively, even outside of the MLS.
Additionally, the DOJ has been involved in cases concerning NAR’s Clear Cooperation Policy, sparking industry discussions, with NAR’s leadership evaluating potential changes. This renewed focus on antitrust litigation by the DOJ could also impact a significant lawsuit against RealPage and major landlords for allegedly engaging in a scheme to limit competition using RealPage’s rental pricing algorithm.
One key takeaway from the confirmation hearings was the importance of restoring public trust in the DOJ and removing political influence, a point raised by senators from both parties.
“There is concern that the Justice Department may be weaponized during your tenure,” Senator Sheldon Whitehouse, D-R.I., expressed.
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