The Competition and Markets Authority has confirmed that it will not be pursuing a complaint against OnTheMarket.

However, it has warned that agents must not collude in deciding which portals to use or drop – in other words, warning that a collectively organised boycott could breach competition law.

The National Trading Standards Estate Agency Team, which has also had complaints about OTM, has said it is in discussions with the CMA about the portal.

The CMA would not reveal what these discussions might centre around, but it appears that they might concern agents rather than the portal.

Agents’ Mutual, which owns OTM, said it was satisfied it is operating within the law, and insisted that it is “pro-competitive”.

Russell Quirk, of online agent eMoov, filed a complaint with the CMA last October – before OnTheMarket launched. He complained about the portal’s decision to ban online agents, which he described as anti-competitive.

He also alleged that OTM, with its “one other portal” advertising rule, was essentially a cartel.

While Eye has previously reported that the CMA was not taking the complaint further, we yesterday had formal confirmation.

A spokesperson said: “The CMA has been monitoring the sector and do not currently consider that it is appropriate to open a formal investigation.

“Where we have reason to suspect that competition law may have been breached through collective agreement over the choice of portals by estate agents we will remind them of their obligations under competition law.

“We will continue to monitor developments in the sector and will consider taking further action should we think it is warranted.”

Ian Springett, chief executive of OTM, said: “It has been reported in the press that complaints have been made to the Competition and Markets Authority about Agents’ Mutual (the owners of OnTheMarket.com).

“The CMA has informed Agents’ Mutual that it does not intend to open an investigation. From the outset, Agents’ Mutual took appropriate legal advice and on the basis of the advice received its board is satisfied the company is operating within the law.

“The goal of Agents’ Mutual has always been pro-competitive, to give estate and letting agents a sustainably lower priced alternative to the dominant portals and to provide the property-seeking public with greater choice and a first-class search service.

“We will continue to work hard to offer member agents and consumers the best service while operating in accordance with all relevant laws.

“I am delighted to say that OnTheMarket.com is going from strength to strength. Our traffic in May was a new record of more than 4m visits, and our multi-million pound marketing campaign continues to roll.”

Meanwhile, a spokesperson for the National Trading Standards Estate Agency Team (NTSEAT) told Eye: “We can confirm that the we are in discussion with the CMA following complaints received regarding the OnTheMarket property portal.

“These discussions are being held as we have a duty to keep under review social and commercial developments relating to the carrying on of estate agency work and related activities (by virtue of s25(2) of the Estate Agents Acts).

“The CMA is responsible for anti-competitive practices in markets.

“We will provide an update on our enquiries in due course.”

Under s25(2) of the Estate Agents Act, it says this about the duties of the industry regulator (which was at that time the Director General of the Office of Fair Trading, but which is now NTSEAT):

“It is the duty of the Director, so far as appears to him to be practicable and having regard both to the national interest and the interests of persons engaged in estate agency work and of consumers, to keep under review and from time to time advise the Secretary of State about –

“(a) social and commercial developments in the United Kingdom and elsewhere relating to the carrying on of estate agency work and related activities; and

“(b) the working and enforcement of this Act.”