Lawmakers say the letter comes after reports that former Assistant Attorney General for Antitrust Gail Slater wanted to undertake a comprehensive investigation into the merger to consider any anticompetitive effects. However, reports claimed that Compass and its lawyers appealed to Slater’s superiors, including Deputy Attorney General Todd Blanche, and told his office that any antitrust concerns could be addressed without a full investigation.
Lack of evaluation raises questions about corruption
“This decision raises questions about the corruption under your watch and its impact on housing affordability for American families,” the lawmakers wrote in their letter. “Allowing this merger will make it easier for these companies to exert greater control over the real estate market, limiting consumer access and choice and ultimately worsening the housing crisis that has put homeownership out of reach for millions of Americans.”
The lawmakers argue that because of the potential impact on costs and markets, mergers should undergo an “impartial” review process, “particularly in cases like the Compass-Anywhere merger, where consolidation could pose the risk of reduced competition, reduced transparency and higher housing costs for millions of Americans.”
“The fact pattern reported in the Compass-Anywhere deal is deeply troubling and indicates that it may be yet another example of well-connected industries and lobbyists gaining inside access to high-ranking Trump Administration DOJ officials, and using this access to distort the antitrust process to gain approval of anticompetitive mergers that will reduce competition and harm the public,” the letter said.
The lawmakers further claim that the typical review process used to investigate mergers does not appear to have been followed when it comes to the Compass-Anywhere merger.
Should the DOJ take another look?
The letter discusses reports that senior DOJ leaders approved the merger without a deeper investigation, despite Slater calling for a more comprehensive investigation.
“This endorsement from Blanche came after Compass reportedly hired Mike Davis [President Donald] A Trump-connected lawyer who has been involved in other merger review controversies to gain approval for the Compass-Anywhere merger, reports indicate that Davis “helped Compass present its case to Blanche’s office,” which helped expedite the approval timeline.”
The lawmakers argue that a corrupt review and fast-track approval of this merger could “exacerbate the current housing crisis” and “set a dangerous precedent that invites political interference in merger review across industries and undermines the antitrust laws Congress put in place to protect competition and protect Americans.”
Slater leaves the DOJ
In addition to their concerns about the merger, lawmakers also discussed Slater’s recent departure from the DOJ. Last week, Slater announced she would resign as DOJ antitrust chief. In a message at XSlater wrote that she left her role as assistant attorney general for antitrust matters with “great sadness and continued hope.” Slater called serving in this position “the honor of a lifetime.”
In a statement, Bondi wrote that the DOJ thanked Slater for her service to the DOJ Antitrust Division “which is committed to protecting consumers, promoting affordability, and expanding economic opportunity.”
Despite Bondi’s public statement, the lawmakers’ letter claims Davis “bragged, ‘I recommended her.’ [Slater’s] hire. And her dismissal[,]and declared “good riddance” minutes after her departure became public.
Because of their concerns, lawmakers are asking the DOJ to respond to several questions in writing by March 4, 2026.
These questions require the DOJ to provide detailed information about its review of the merger, including when the Hart-Scott-Rodino filing was filed, what competitive concerns were identified, and whether additional investigation was considered. They also seek to understand who made and communicated the decision not to take further action, the role of senior DOJ officials and outside individuals, and whether communications occurred outside normal review channels. Finally, the questions address safeguards against undue influence, the DOJ’s commitment to fair and consistent merger enforcement, and the circumstances surrounding the departure of Assistant Attorney General Slater.
Co-signers of the letter include Senator Amy Klobuchar (D-Minn.), Senator Bernie Sanders (D-Vt.), Senator Chuck Schumer (DN.Y.), Senator Peter Welch (D-Vt.), Senator Wyden (D-Ore.), Representative Yassamin Ansari (D-Ariz.), Representative Greg Casar (D-Texas), Representative Madeleine Dean (D-Pa.), Representative Maxine Dexter (D-Ore.), Rep. Jesús “Chuy” García (D-Ill.), Rep. Pramila Jayapal (D-Wash.), Rep. Hank Johnson (D-Ga.), Rep. Robin Kelly (D-Ill.), Rep. Seth Moulton (D-Mass.), Rep. Jerry Nadler (D-N.Y.) and Rep. Bonnie Watson Coleman (D-N.J.).
Compass did not immediately respond to HousingWire’s request for comment on this letter.
This isn’t the first time Senator Warren has raised concerns about the Compass-Anywhere merger. In another letter sent to federal regulators in December, Senator Warren and Senator Wyden argued that the acquisition could harm homebuyers by contributing to higher real estate agent fees and limiting access to real estate listings.
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