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SCOTUS Rejects National Association Of Realtors’ Antitrust Appeal

 |  January 9, 2023

The US Supreme Court on Monday declined to hear the National Association of Realtors’ challenge to a lower court’s ruling that said an upstart real estate platform can pursue antitrust claims against the trade group.

The justices, without comment, left in place a ruling last year against the real estate association by the 9th US Circuit Court of Appeals. The San Francisco-based appeals court revived claims from listing service ThePLS.com that the trade association’s “clear cooperation policy” harmed competition.

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A spokesperson for the Chicago-based Realtors association said it was “disappointed” the Supreme Court declined to hear its case. “Regardless, we look forward to presenting our position at trial and remain confident we will ultimately prevail,” Mantill Williams said.

Adam Gershenson of Cooley, a lawyer for the trade group, did not immediately respond to a message seeking comment.

Jenner & Block’s Douglas Litvack, a lawyer for PLS, which now operates under TheNLS.com LLC, declined to comment. A spokesperson for PLS was not immediately reached for comment.