Real‑Estate Trade Groups Urge DOJ and FTC to Protect MLS Data Sharing

Overview

• The Council of Multiple Listing Services filed a May 26 comment asking federal antitrust regulators to explicitly recognize MLSs as procompetitive shared market infrastructure that expands access to verified housing data.
• The National Association of Realtors asked the DOJ and FTC to confirm that typical MLS data exchanges and trade‑association rulemaking pose low enforcement risk and to draw a clear line between independent AI use and illegal algorithmic coordination.
• Regulators opened the public comment process in February 2026 to update century‑old collaboration guidance, and about 100 entities including MLSs, broker groups and tech firms have filed responses so far.
• Rental trade groups urged that algorithmic pricing tools be judged under the rule of reason because such software can boost efficiency, while industry warnings say narrower guidance could force MLSs to change participation rules or data policies and alter how listings and compensation fields are shared.
• The debate follows years of antitrust scrutiny, including early‑2020s commission lawsuits and the 2024 withdrawal of DOJ/FTC collaboration guidance, and its outcome could reshape how brokers, portals and proptech firms access and build products on MLS data.