Yes, the DOJ Has Taken a Position on CCP

My inbox and text message have been filling up with readers and friends who write to tell me that the DOJ has taken Compass to the woodshed in its latest filing with the court in the Nosalek case.

I am certain much of that is being driven by industry press coverage. For example, here’s RealEstateNews.com:

In the footnote of a filing made in a long-running commissions lawsuit, the Department of Justice called statements about its stance on Clear Cooperation "misleading and out of context."

The strong words, easily skimmed past, appeared on page 7 of a March 17 supplemental statement of interest in the MLS PIN case. The footnote was highlighted by an NAR rep in response to a Real Estate News inquiry about the latest developments in the CCP debate.

The DOJ said it "has not taken a position" on whether or not Clear Cooperation is anticompetitive — with some caveats — and calls out industry players who have made claims about the agency's views on the policy.

And there’s a quote from an MLS lawyer (Brian Schneider, whom I’ve met and regard as a very smart, very savvy attorney) suggesting that this footnote means the DOJ has changed its mind and now looks at “voluntary cooperative sharing of cooperatively marketed listings is pro-competitive, not anti-competitive.”

I think everyone should take a deep breath and a step back. Things are not what some would have you believe.

The DOJ has in fact taken a position on CCP standing by itself. DOJ can change its mind of course, but it can’t change history.

Let’s get into it.