T
he real estate industry had high hopes for a new era of reduced antitrust scrutiny under President Donald Trump's administration, but those expectations were initially tempered by the nominations of antitrust hawks Gail Slater and Roger Alford to key DOJ positions. However, with Alford's dismissal from the DOJ and the dismissal of three antitrust suits against the National Association of Realtors (NAR), it appears that real estate professionals may be getting their wish.

    Francis X. Riley, a partner at Saul Ewing LLP, notes that there is "very little appetite for antitrust enforcement" from the DOJ, which is letting mergers go through with minimal investigation or exchange of information. Civil lawsuits against NAR and other industry players continue to move forward, including an antitrust suit filed by real estate broker Jorge Zea in Florida.

    Riley believes that the DOJ will allow private plaintiffs to bring their own actions, but won't take a strong stance on enforcement. Chuck Cain, a title industry attorney, notes that past administrations have responded to upticks in consumer lawsuits with increased scrutiny, but it's unclear if this will happen under the current administration.

    The recent decline in antitrust enforcement is attributed by some to lobbying efforts by "MAGA-in-name-only" lobbyists who view antitrust laws as obstacles to overcome. However, Cain notes that other industries, such as technology companies like Google, are still facing scrutiny from the DOJ.

    While real estate professionals may be breathing a sigh of relief, experts warn against complacency. The DOJ could always come back to focus on NAR, and a future administration may prioritize antitrust enforcement in the industry.