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A federal court on Wednesday dismissed all antitrust allegations made by REX Real Estate against the National Association of Realtors and Zillow, capping an 18-month feud as lawyers shift the focus to several lesser claims against Zillow.
Judge Thomas S. Zilly of the U.S. District Court for the Western District of Washington dismissed all of REX’s antitrust claims, saying the discount brokerage had failed to prove NAR and Zillow had agreed to work together to disadvantage non-multiple listing service listings on the portal’s website.
Judge Thomas S. Zilly
“[T]he Court concludes that REX has failed to present evidence of the conspiracy alleged in its Amended Complaint, namely, a purported agreement between NAR, Zillow, and non-party MLSs to segregate, conceal, and demote non-MLS listings on Zillow’s websites and mobile platforms,” Zilly wrote in his Aug. 16 order.
Zilly dismissed the antitrust claims with prejudice, meaning permanently, unless REX decides to appeal the order.
The case is currently scheduled for a two-week trial starting Sept. 18. Because NAR is no longer a defendant in the case, the 1.5 million-member trade group will not have to participate if the trial goes on as scheduled.
The ruling is the latest chapter in an 18-month battle between REX, Zillow and NAR over Zillow’s application of NAR’s “No-Commingling Rule.”
The rule, which is optional for MLSs, reads:
Listings obtained through IDX feeds from Realtor Association MLSs where the MLS participant holds participatory rights must be displayed separately from listings obtained from other sources. Listings obtained from other sources (e.g., from other…