Note:
Marc D. Murr, The Professionalization of Real Estate Brokerage and the Problem of Multiple Listing Service Exclusion: A Sherman Act Analysis, 59 TEXAS L. REV. 125 (1980).
 

Abstract:
This Note explores the conflict between the right of association and antitrust laws in the context of real estate board practice. Current real estate board practice is to exclude nonmembers of Multiple Listing Services. The author addresses three issues: (1) whether local board rules excluding nonmember agents is a group boycott under the antitrust laws, (2) whether the goal of professionalization is a legitimate objective under the antitrust laws, and (3) what antitrust test should apply to MLS exclusion cases. The Note acknowledges that professionalization is a legitimate goal under the antitrust law but concludes that it does not justify unreasonably anticompetitive behavior, and MLS exclusion is a group boycott under the antitrust laws. With regard to board MLS exclusion of nonmembers, the author argues for a standard of per se illegality because professionalization is attainable without MLS exclusion.