I wonder how this will affect DoJ v. NAR

In today's REALTOR(R) Magazine Daily News, I saw that an FTC complaint against an MLS in SE MI was tossed by an administrative court judge.  Here is the brief from RMDN:

An administrative law judge in Washington, D.C., has dismissed a complaint by the Federal Trade Commission against Farmington Hills, Mich.-based Realcomp II Ltd., which operates the multiple-listing service in southeastern Michigan.

The complaint changed a Realcomp rule blocking exclusive agency listings in the MLS. Realcomp argued that it has the right to favor listings designed to promote transactions that generate commissions for the real-estate practitioners who indirectly own Realcomp through their membership in local REALTOR® groups.

Judge Stephen J. McGuire ruled that the FTC’s lawyers haven’t proven that the Realcomp policies "unreasonably restrained or substantially lessened" competition.

The FTC has said it will appeal.

So, for several year, the DoJ has been charging that various associations of REALTORS(R) owning various MLSs in some markets was a restraint on competition.  But, in this case, despite the local MLS being owned by the association, the judge ruled that the restriction disallowing non-exclusive listings didn't restrain trade.  Further, that the MLS had a right to favor listings that generated commissions for member agents.   

Of course, the FTC will appeal.  

But, I think this is very important.  On one hand, I don't think that local associations of REALTORS(R) should own the MLSs in that area, but at the same time, I hate to see the government step in and say that they don't have ownership of the system that they set up and run for their own profit... especially on the grounds that it inhibits competition... when there are 1.3 million REALTORS(R), all competing for the same business... and as many as 1.3 million MORE agents that are licensed, but not NAR members.  

It is hard to say that there isn't free and open competition in the real estate industry when almost 1 of every 100 people hold a license to compete.