There’s been a major development at the Department of Justice (DOJ) that’s got my attention, and it should have yours too. Roger Alford, a law professor from Notre Dame with extensive antitrust experience—most notably as an expert witness for plaintiffs in the landmark 2023 Sitzer/Burnett lawsuit against the National Association of REALTORS® (NAR)—has just been appointed Principal Deputy Assistant Attorney General for the DOJ’s Antitrust Division. To put it plainly, that’s big news for real estate.
I’ve written extensively about how DOJ scrutiny is reshaping our industry, particularly regarding policies like Clear Cooperation and mandatory REALTOR® membership for MLS access. Alford’s appointment signals loud and clear that the DOJ isn’t backing off anytime soon—in fact, they’re doubling down. In the Sitzer case, Alford testified that NAR’s Clear Cooperation Policy (CCP) isn’t designed to benefit sellers, but rather to preserve MLS monopoly power by cutting off alternative options for agents. With him now positioned at DOJ, expect intensified scrutiny around rules that limit competition.
This isn’t just speculation. Alford has directly stated that the MLS, as currently structured, restricts competition by enforcing mandatory rules on brokers, essentially stifling more efficient or innovative business models. His published views emphasize removing barriers that prevent agents from offering different service and fee structures. So, it’s safe to anticipate that he’ll push DOJ to aggressively pursue reforms aimed at dismantling practices he sees as anticompetitive.
For those in the trenches—especially agents and brokers—this development means now more than ever it’s critical to reassess how your business operates, markets, and competes. The days of “that’s how we’ve always done it” are numbered. Smart professionals will adapt by emphasizing transparent, consumer-focused services and flexible, competitive fee structures. The DOJ under Alford will be actively targeting outdated industry practices, and it’s best to get ahead of this curve rather than caught behind it.