""Stale Bread" Defense: Zillow argues its policy-which requires listings publicly marketed elsewhere to be on Zillow (via MLS or direct upload) within 24 hours-is necessary to maintain data quality. The company stated it "does not want to have its platform stock 'stale bread' while [private listing networks] hoard fresh inventory"."
"Transparency vs. "Hidden Listing Scheme": Zillow frames its standards as pro-consumer, promoting market transparency and equal access to information. In turn, Zillow labeled Compass' "three-phase marketing" approach (marketing listings privately before wide release) as a "Hidden Listing Scheme" designed to control consumer access and reduce competition."
"It argued that traffic is not the same as market power and that it has no legal obligation to do business with Compass or accommodate its specific listing tactics. Zillow denied allegations it conspired with Redfin to implement similar policies. Zillow claims it only informed Redfin's CEO of its plans the day before the announcement, and Redfin independently decided to follow suit. Zillow argued that Compass "cannot have it both ways" by claiming severe harm in court while boasting strong performance to investors."
Zillow requires listings publicly marketed elsewhere to appear on Zillow within 24 hours to maintain data quality and avoid "stale bread" inventory. Zillow portrays its standards as promoting transparency and equal access while calling Compass' phased private marketing a "Hidden Listing Scheme" that restricts consumer access and competition. Zillow rejects monopoly allegations by citing rivals like Redfin, Realtor.com, and Homes.com and argues that traffic does not equal market power. Zillow denies conspiring with Redfin, saying Redfin acted independently, and challenges Compass' claim of irreparable harm given Compass' reported strong financial performance.
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