A group of competing NH real estate brokers meet and agree to all charge the same commission rate in their market area. Under antitrust law, this agreement is best described as:
Correct Answer
B) Illegal price-fixing, regardless of the commission rate agreed upon
Federal antitrust laws (Sherman Act), which apply to NH brokers, strictly prohibit competing brokers from agreeing to fix commission rates. Commissions in NH are always negotiable between the broker and client — the NH Real Estate Commission does not set standard rates. Any agreement among competitors to standardize commissions constitutes illegal price-fixing per se, regardless of the rate chosen, how many brokers participate, or whether it is disclosed.
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