This week, the National Association of Realtors petitioned the U.S. Court of Appeals for a rehearing, challenging its ruling that would allow the Department of Justice to reopen a previously closed investigation into NAR’s policies. In the filing, NAR outlines what it deems flaws in the reasoning for the appeals court’s majority decision in favor of the DOJ.
NAR argues that the dispute focuses only on the department’s ability to unilaterally withdraw from its settlement agreement with NAR, while it does not address any of the department’s claims about NAR policies or antitrust topics.
Last month, a federal appeals court ruled that the DOJ can reopen an investigation into NAR, three years after the trade group settled related government antitrust claims. The original decision describes the settlement deal as a quid pro quo, with the DOJ closing its investigation into two existing NAR policies in exchange for the trade group’s ending of four policies authorities deemed anti-competitive.
In this week’s request, NAR argues that the government should be held to the terms of its contracts, saying, “the panel’s errors are far-reaching and exceptionally important. Every day, federal agencies resolve civil and criminal enforcement actions through agreements with private parties. It is a bedrock principle that the government must honor its word in those contracts, no matter who occupies the White House or leads the Antitrust Division.”
The petition, if successful, will provide an additional opportunity for the D.C. Circuit to review the DOJ’s ability to reopen the investigation.
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