U.S. District Court Judge Vince Chhabria stated that the Clear Cooperation Policy prevents competition in the real estate market, resulting in fewer choices for agents.
The suit emphasizes that the ban on pocket listings harms agents' marketing decisions, allowing MLSs to dominate, leading to higher prices and diminished services.
The Ninth Circuit Court of Appeals found that the allegations in the TAN lawsuit closely mirrored those of The PLS.com suit, which had been permitted to advance.
After reopening the lawsuit, Judge Chhabria acknowledged that the allegations presented by TAN sufficiently demonstrated possible antitrust injuries resulting from the NAR's policies.
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