House Judiciary Panel Launches Antitrust Inquiry Into Compass and MRED

According to The New York Times, in reporting by Debra Kamin, members of the House Judiciary Committee’s Subcommittee on the Administrative State, Regulatory Reform, and Antitrust are examining whether private listing arrangements may restrict competition by keeping homes off the broader marketplace and limiting visibility for prospective buyers. The inquiry follows complaints from industry participants and coincides with ongoing litigation over listing access and competition in residential real estate.

Committee Chairman Rep. Scott Fitzgerald (R-Wis.) sent separate letters to Compass Chief Executive Robert Reffkin and MRED President and CEO Rebecca Jensen requesting staff briefings on the companies’ business practices. The panel asked the companies to explain their use of private listing networks and the competitive effects of their recently announced partnership by Aug. 5.

The congressional inquiry centers on so-called “private listings,” sometimes referred to as pocket listings, which are marketed within limited networks before—or instead of—being broadly distributed through a multiple listing service (MLS). Critics argue that restricting listings to select agents or brokerages reduces market transparency, limits buyer access, and could weaken price competition.

Lawmakers indicated they are evaluating whether such arrangements could create incentives for brokerages to increase dual-agency transactions, in which one brokerage or agent represents both buyer and seller, while also concentrating access to listing information within closed networks. The committee’s letters describe concerns that these practices could insulate companies from competition at consumers’ expense.

The scrutiny comes after Compass and MRED announced an agreement to expand MRED’s Private Listing Network beyond its traditional Midwest footprint. Under the arrangement, Compass agents can distribute listings through MRED’s network before broader public marketing, a strategy Compass has defended as giving sellers greater flexibility and control over how their homes are introduced to the market.

The congressional review also overlaps with an ongoing legal dispute involving Zillow. As previously reported by multiple outlets, Zillow sued MRED and Compass, alleging the companies coordinated actions that restricted Zillow’s access to listing data in connection with disagreements over listing distribution policies. Compass and MRED have disputed those allegations, arguing that the case concerns seller choice and MLS policies rather than unlawful conduct. The litigation remains pending, and a federal court is considering requests related to preliminary relief while the broader antitrust claims proceed.

The broader debate reflects increasing regulatory attention on competition in residential real estate following years of antitrust investigations and litigation involving brokerage practices, commission structures, and access to listing information. Competition authorities and lawmakers have increasingly focused on whether industry rules or business arrangements reduce consumer choice or create barriers to market entry.

Compass declined to comment publicly on the House inquiry, according to industry reports. MRED confirmed it received the committee’s request and said it intends to cooperate with lawmakers, stating that it looks forward to explaining its business practices during the requested briefing.

According to The New York Times, the congressional inquiry represents another escalation in the broader debate over private listings and their effect on competition in the U.S. housing market. The House Judiciary subcommittee has requested briefings from Compass and MRED, while related litigation and broader regulatory scrutiny of real estate competition continue.

Source: The New York Times