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Fifth Circuit affirms dismissal of NAR three-way MLS access antitrust suit
The panel upheld a lower court finding that the broker did not plausibly show antitrust injury or a conspiracy tied to MLS access and association membership requirements.
The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a real estate broker’s antitrust lawsuit accusing the National Association of Realtors and related Texas Realtor organizations of restricting competition through required “three-way” membership to access a local MLS.
HousingWire reports the case was filed by Luz de Amor Eytalis, who alleged that NAR, the Texas Association of Realtors, the Wichita Falls Association of Realtors, and Paragon MLS Connect violated antitrust laws by requiring brokers to join the local, state, and national Realtor associations to get MLS access.
According to HousingWire, the district court dismissed the complaint in July 2025 after a magistrate judge found Eytalis did not provide sufficient evidence of antitrust injury or a conspiracy among the defendants, and the Fifth Circuit left that dismissal in place after the appeal.
The report also notes Eytalis argued in later filings that the lower court wrongly dismissed her claims and that dismissal harmed the public interest, while a NAR spokesperson said NAR membership is voluntary and that the integrated association structure remains lawful and essential to the value NAR provides.