The DOJ has expressed concerns regarding the district court's interpretation of concerted action under the Sherman Act in a case involving REX and Zillow. The lawsuit, initiated by REX, alleges that Zillow's adoption of an optional NAR rule to create a two-tab design for its property search results unfairly disadvantages certain listings, thereby reducing competition. Following various legal developments including a countersuit from NAR against REX, the district court dismissed several claims but allowed some to proceed. A trial in September 2023 culminated in a ruling favoring Zillow, which prompted REX to seek a new trial shortly thereafter.
The DOJ challenged the district court's narrow interpretation of concerted action under the Sherman Act, emphasizing that more aspects of optional rules deserve consideration.
REX's lawsuit against Zillow accused the company of unfairly limiting exposure for certain listings by adopting the controversial two-tab design, allegedly harming competition.
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