Editor's note: This is a two-part guest perspective written by Minneapolis attorney Brian N. Larson on the impact of the Justice Department's antitrust lawsuit against the National Association of Realtors trade group. See Part 1. The Justice Department sued the National Association of Realtors in September 2005, alleging that its Internet property listing display policies were anticompetitive. The basis of the suit was the form of the NAR policy before the September revisions. (See Part 1 for a fuller discussion of the history up to this point.) Leaders in the Realtor association community promptly began ridiculing the DOJ suit and its intentions. Here are paraphrases of some of the comments I've heard: "They sued us for a policy that has already been rescinded." This is true. I'm not sure what DOJ was thinking and why they did not update their complaint to address characteristics of the new policy. I'm not a litigation strategist, though. "The DOJ is saying that the ...
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