Litigation as business strategy is common in all industries. In fact, the very threat of litigation is often enough to elicit the desired response from one’s competitor. In the real estate industry, especially in the past few years, antitrust litigation as business strategy has become more prevalent.
Recent Antitrust Lawsuits in Real Estate
The most recent example of this thrust-and-parry game among brokerages is Compass’ lawsuit against REBNY, filed less than a week ago. A week earlier, it was REX suing Zillow for what it deemed anticompetitive practices.
In the preceding two years, it was different agent groups suing the National Association of REALTORS® and various MLSs for the adoption and implementation of the Clear Cooperation Policy (CC Policy), which requires brokerages to enter their listing within one business day of marketing the property to the public.