April 28, 2022

On April 26, the United States Court of Appeals for the Ninth Circuit unanimously reversed a district court decision to dismiss a lawsuit by our client PLS, a new entrant in the market for residential real estate listings, alleging antitrust violations by multiple listing services (MLSs) operated by the National Association of Realtors.

PLS is the leading network for pocket listings, competing against MLSs, which have been the dominant networks for more than 50 years.

In response, NAR and the largest MLSs adopted a rule requiring listings to be submitted to the MLS, eliminating competition from other listing networks, including PLS, and prompting PLS’ legal challenge. The Ninth Circuit decision remands the case to the district court based on a finding that PLS did allege an antitrust violation per se or under the rule of reason and that PLS suffered an antitrust injury. 

The Jenner & Block team representing PLS is led by Partners Christopher G. Renner and Douglas E. Litvack , co-chairs of the firm’s Antitrust and Competition Practice, assisted by Partner Michael T. Brody.