Extra: Hearing on Zillow Ban Ends as Compass Denounces Monopoly Power But Decision Later - more here, on pattern / line of antitrust cases @SDNYLIVE
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by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Nov 21 – The real estate listing giant Zillow faces a hearing this week in which Compass seeks a preliminary injunction against a policy Zillow says is for transparency.
A Zillow spokesperson said, “While Americans are struggling to access and afford housing, Compass wants to hide available listings from the public. Real estate works when it’s fair, equal, open and transparent, so Zillow is defending that transparency — and we’re not backing down.”
The irony is that nearly every filing in the case in the U.S. District Court for the Southern District of New York, which Inner City Press closely covers, is sealed.
Days before the PI hearing sent for November 18-21 before Judge Jeannette A. Vargas, Zillow’s outside counsel at Wilson Sonsini wrote in that documents should not be shown, as plaintiff’s counsel at Crowell & Moring request, to Compass’ CEO and CLO, saying that “there is plainly no First Amendment right to access... unless and until the documents are used in judicial decision making.”
Redfin, which has a policy similar to Zillow’s, is in the case, represented by Davis Wright Tremaine.
On November 20 Inner City Press covered the hearing on Bluesky and Threads (its main X is still hacked without Support), as Compass’ antiturst expert was on the stand:
Antitrust expert: This is an expensive market to try to enter or expand in. Homes dot com tried and spent but didn’t move the needle. Google and Yahoo decided it was not feasible. Zillow has the most powerful branding - it can act as a barrier to entry
On November 21 the closing arguments. Judge Vargas did not seem convinced of the Section 1 claim - she said it seemed Redfin did not know of Zillow’s policy in advance - but as to the policy itself...
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Zillow’s Wacksman on the stand, courtesy to Inner City Press from court artist Elizabeth Williams
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