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The Ninth Circuit Court of Appeals on Monday affirmed a U.S. District Court’s summary judgment ruling that the National Association of Realtors® (NAR) and Zillow did not commit antitrust violations in the lawsuit filed against them by REX Real Estate.
“The district court correctly concluded that there was no Sherman Act agreement between NAR and Zillow based on the no-commingling rule,” the ruling states.
In an emailed statement, a NAR spokesperson wrote that the decision emphasizes NAR’s claim that the no-commingling rule never constituted an antitrust violation.
“The rule is optional, leaving MLSs the choice whether to adopt it, and, in fact, 29% of them chose not to,” the spokesperson wrote. “We are pleased to put this meritless lawsuit behind us and maintain our focus on delivering value for our membership.”