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US DOJ asks to participate in oral argument for REX case against Zillow, NAR

( January 9, 2025, 02:04 GMT | Official Statement) -- MLex Summary: The US Department of Justice's antitrust division has asked the US Court of Appeals for the Ninth Circuit to participate in the oral argument for Real Estate Exchange’s appeal of a ruling in favor of Zillow and the National Association of Realtors, or NAR. In its motion asking to participate, the DOJ noted that it previously submitted an amicus brief urging the Ninth Circuit "to vacate and remand the case for the district court to apply the proper legal framework to the evidence in this case." The government, in its brief, "explained that, although the district court appeared to have a limited view of when optional association rules can represent concerted action under Section 1 of the Sherman Act, there are additional ways that optional rules constitute concerted action that the court did not appear to consider," the DOJ said. Oral argument is scheduled for Feb. 13. See court document. ...

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