Top Agent Network, Inc. v. National Association of Realtors

Good Law
United States District Court, Northern District of CaliforniaJuly 22, 20243:20-cv-03198California946 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TOP AGENT NETWORK, INC., Case No. 20-cv-03198-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. RECONSIDERATION

NATIONAL ASSOCIATION OF Re: Dkt. No. 113 REALTORS, et al., Defendants.

Top Agent Network’s motion for reconsideration is granted. This order assumes the reader’s familiarity with the facts and procedural history, the applicable legal standards, and the arguments made by the parties. Two points from The PLS.com, LLC v. National Association of Realtors compel reconsideration. First, PLS.com emphasized that “whether the alleged procompetitive benefits of the Clear Cooperation Policy outweigh its alleged anticompetitive effects is a factual question that the district court cannot resolve on the pleadings.” 32 F.4th 824, 839 (9th Cir. 2022). Second, and more importantly, PLS.com held that the relevant market is not the market for real estate, in which people buy and sell homes, but the market for real estate listing services, in which real estate agents subscribe to listing platforms and post listings to those platforms. That’s the market in which the National Association of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.