"Originally filed by REX in March 2021, the lawsuit alleges that NAR and Zillow broke antitrust laws when NAR promulgated its optional no-commingling rule and Zillow redesigned its website in order to follow the rule within the MLSs that adopted it. Judge Thomas Zilly, who oversaw the case, dismissed REX's antitrust claims against NAR and Zillow in a summary judgment ruling. REX appealed this ruling to the Ninth Circuit Court of Appeals, which affirmed the lower court's ruling."
"In April 2025, the Ninth Circuit denied REX's request for a rehearing, leaving REX no alternative but to file with the Supreme Court, which it did in late September 2025. NAR removed the optional no-commingling rule in June, and the trade group has maintained that the rule does not violate antitrust rules. Both the district court and the 9th Circuit Court of Appeals affirmed this, and the Supreme Court has denied certiorari."
"Local MLSs play a key role in fostering transparent, competitive, and fair housing markets by delivering consumers the most accurate and up-to-date information on home listings, a NAR spokesperson told HousingWire in November. While the optional rule is no longer in effect, NAR remains committed to protecting the benefits MLSs provide agents, consumers, and the industry."
REX filed a lawsuit in March 2021 alleging that NAR and Zillow violated antitrust laws by promulgating and implementing an optional no-commingling rule within MLSs. Judge Thomas Zilly dismissed REX's antitrust claims in a summary judgment ruling, and the Ninth Circuit Court of Appeals affirmed that dismissal. The Ninth Circuit denied a rehearing in April 2025, and REX petitioned the Supreme Court in late September 2025 and sought a rehearing in November; the Supreme Court denied certiorari. NAR removed the optional no-commingling rule in June, maintains the rule did not violate antitrust laws, and emphasized MLSs' role in providing accurate, competitive market information while committing to protect MLS benefits for agents and consumers.
Read at www.housingwire.com
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