Page 13 - Anti Trust for Board Leadership_Neat

Associations who share access to an
information-exchange system, or who
jointly own and operate a regional MLS,
cannot minimize or eliminate competition
by agreeing on the fees each will charge
MLS participants, or on minimum or
maximum fees to be charged. Moreover,
the regional MLS itself may not set, limit,
direct or otherwise control the fees which
those associations, in turn, charge
participants who access the MLS “through”
them. Of course, in circumstances where
participants gain access to the regional
MLS directly from the MLS entity, rather
than “through” a participating local
association, it is entirely appropriate
and lawful for the MLS to establish the
fees which it will charge its customers,
the participants.
Associations operating MLSs, whether
independently or in some form of regional
facility, may also not agree on other
aspects of MLS services. They may not,
for example:
• Agree on the territories in which
each will operate, such as by each
association or MLS accepting only
listings on properties in prescribed
geographic areas

• Agree to allocate the types of
property listings each will accept,
such as where one association or
MLS accepts only commercial listings
in exchange for another’s exclusive
right to include farm property listings
Multiple listing services and, in particular,
large, strong regional MLSs may also have
to consider the competitive consequences
and appearances of their conduct to avoid
a claim that they are monopolizing or
attempting to monopolize the MLS market.

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