Impact of DOJ Overhaul on the Real Estate Industry
21 min agoMar. 18, 2025 3:21 pm
New Leadership at the DOJ
In a significant shift, the Trump administration has made sweeping changes to the Department of Justice (DOJ), particularly within its Antitrust Division. Recently appointed, Gail Slater has taken the helm as the Assistant Attorney General, succeeding in her confirmation amid discussions around critical legal battles in the real estate sector. Slater, an experienced lawyer with ties to the Federal Trade Commission (FTC) and a background as policy advisor to Vice President Vance, is set to guide the DOJ’s approach to antitrust matters.
Ongoing Investigations: The Case Against RealPage
While specific comments regarding the RealPage lawsuit have yet to be made, Slater’s influence is beginning to show. The DOJ recently intervened in a case concerning alleged excessive commission fees levied by MLS Property Information Network (MLS PIN), urging a federal court to dismiss a proposed $4 million settlement. The DOJ criticized this settlement as insufficient, labeling it as merely “cosmetic” and calling for substantial reforms within industry practices.
The Broader Context of Antitrust Actions
At first glance, the new direction of the DOJ could suggest challenging times for RealPage, especially given the agency’s recent actions against tech companies accused of anti-competitive behavior. The DOJ has previously shown aggression by supporting actions against major players like Google over its search engine dominance and scrutinizing Microsoft’s investments in the tech field.
Focus on Mergers and Acquisitions
Despite the heightened scrutiny, it seems that the RealPage case might not be a high-priority issue for federal prosecutors. Andrew Ferguson, the FTC chair, has indicated a primary focus on mergers and acquisitions, which aligns with Slater’s past efforts to block significant deals, such as Whole Foods’ acquisition of Wild Oats Markets. Furthermore, her experience working within the tech sector may shape her approach at the DOJ.
Future Implications for Real Estate
The prospect of continued federal investigation into pricing software remains, but the DOJ appears more inclined to tackle large-scale mergers rather than algorithmic pricing strategies. Regardless of the DOJ’s approach, the ten states actively suing RealPage are likely to maintain their legal stance, marking an ongoing challenge for the company.
