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