NWMLS contends that Compass's claims fail to establish a relevant market, undermine anticompetitive conduct, and show no harm to competition or monopolization. The lawsuit filed in Seattle alleges NWMLS operates as a monopoly, harming Compass by limiting exclusive listings, which affects home buyers and sellers. NWMLS's non-affiliation with Realtor policies allows it to enforce rules requiring brokers to submit listings for access to competitors' properties. This framework aims to foster competition by preventing free-rider strategies that compromise market integrity.
NWMLS argues that its rules ensure fair access to all members' listings, preventing one member from extracting value without contributing. This is crucial for maintaining competition.
Compass alleges that NWMLS's listing policy harms competition by preventing its marketing strategies, thereby negatively impacting home buyers and sellers in the market.
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