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Articles Posted in Real Estate

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If I Were You…I’d Listen to this Podcast about Residential Real Estate & Antitrust

Author: Molly Donovan & Aaron Gott This Episode Is About: Residential Real Estate and Antitrust Why:  A settlement has been reached between the National Association of Realtors (or NAR) and the class action plaintiffs that would resolve the $1.8 billion verdict out of Missouri finding illegal collusion in the residential…

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$1.8 Billion Antitrust Verdict Against Realtor Groups Provides Lessons for Brokerages, Realtor Associations, and Multiple Listing Services Nationwide

Authors: Molly Donovan & Aaron Gott A Missouri jury awarded a class of home sellers $1.8 billion dollars in finding that the National Association of Realtors (“NAR”) and some of the nation’s largest real estate brokerages “conspired to require home sellers to pay the broker representing the buyer of their…

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The Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions

If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate broker—are fixed or otherwise set by law in different geographic markets. They aren’t—to do so amounts to price-fixing, which is a per se violation of…

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Takings and the Supreme Court’s Decision in Koontz v. St. Johns River Management District

If you read The Antitrust Attorney Blog regularly, you might have noticed that I think that the governments—federal, state, and local—tend to overreach into our business, our pursuits, and our lives. And I have strongly advocated that we apply the federal antitrust laws to counter the bloating influence of governments…

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Do Real-Estate Brokers Violate the Antitrust Laws By Charging Identical Commissions?

I’ve often written about real estate on this blog. There are two reasons for this. The first and most important reason is because my wife and I invest in real estate and thus talk about real estate, so it is on my mind. In fact, I have my California real-estate license.…

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Monopoly, Antitrust, and Making Money

You may have noticed Peter Thiel’s provocatively titled article “Competition is for Losers” in the Review section of last weekend’s Wall Street Journal. Since we extol the virtues of competition here at The Antitrust Attorney Blog, perhaps you are bracing yourself for me to rip into his article? No way!…

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We Filed an Amicus Brief to the Minnesota Supreme Court in a Property Rights Case

We are proud to announce that we filed an amicus curiae brief with the Minnesota Supreme Court on behalf of the Minnesota Vacation Rental Association last week in Dean et al. v. City of Winona, a case concerning municipal power and the right to rent out one’s residential property. Four property…

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Even Individual Real-Estate Investors Can Violate The Antitrust Laws

When you think about a government antitrust investigation, you probably picture monopoly accusations against large companies like Microsoft in the 90’s and early 2000’s or AT&T in the 70’s and 80’s. Or perhaps you imagine a global price-fixing cartel like that depicted in the movie The Informant. In any event,…