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 DENYING MOTION FOR A
v. PRELIMINARY INJUNCTION
NATIONAL ASSOCIATION OF
REALTORS, et al., Defendants.
Top Agent Network’s motion for a preliminary injunction is denied. It has not raised serious questions on the merits of its claims, much less a likelihood of success. Moreover, Top Agent Network delayed in pursuing its rights, calling into question its assertion of irreparable harm and weakening its argument that the balance of equities tips in its favor. And for reasons explained over the course of this order, an injunction would not serve the public interest. 1. Top Agent Network is unlikely to succeed in arguing that the National Association of Realtors policy amounts to a group boycott or that it otherwise has significant anticompetitive effects. According to the policy, brokers who join a NAR-affiliated listing service must post properties that they have marketed elsewhere onto the NAR database within one day. Because Top Agent Network operates separate databases of properties that are available only to select…