NAR Legal Victory: Supreme Court Closes the Door on “No-Commingling” Case
By NAR’s REALTOR® News. Business Writer, Eliana Block
The U.S. Supreme Court has officially ended a long-running antitrust case involving the National Association of REALTORS® by declining—again—to hear an appeal tied to its former “no-commingling” rule.
The lawsuit, originally filed in 2021 by brokerage REX, alleged the optional MLS policy unfairly restricted competition by requiring certain listings to be displayed separately. However, federal district and appellate courts consistently ruled in NAR’s favor, finding no antitrust violation—and the Supreme Court’s refusal to review or rehear the case leaves those decisions in place.
While the rule itself was repealed in 2025 due to declining relevance and industry feedback, the outcome underscores MLSs' role in supporting transparent, competitive housing markets. For REALTORS®, the decision provides legal clarity and underscores the continued importance of accurate, comprehensive listing data in serving consumers.
Editor’s Note: This story was updated on Dec. 16 to include the Supreme Court’s denial of rehearing on Dec. 15.
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