9th Circ. Asked To Revive Antitrust Suit Against Realtor Group

Law360 (May 27, 2021, 6:04 PM EDT) -- A real estate listing website is gunning to revive its challenge to the National Association of Realtors' rule that prohibits members from privately marketing properties without using the association's listing service, telling the Ninth Circuit a California federal judge failed to properly assess allegations of harm to competition.

Pocket Listing Service, which operates so-called pocket listings outside the dominant NAR system, argued in its opening brief Wednesday that U.S. District Judge John W. Holcomb erroneously found that it did not plausibly allege any harm to consumers.

Judge Holcomb, who in February granted NAR's motion to dismiss the case without leave to amend and...

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