Realcomp II, Ltd. v. FTC, No. 09-4596 (6th Cir. 2011)
Annotate this CaseThe real estate multiple listing service (MLS) website policy prohibited distribution of information about exclusive agency and other nontraditional listings to public advertising sites through its feeds. The FTC determined that the prohibition was an anti-competitive policy in violation of the FTC Act, 15 U.S.C. 45. The Sixth Circuit affirmed after conducting a full rule-of-reason analysis. The MLS is a "contract, combination, or conspiracy" between competing brokers. The policy gave rise to potential genuine adverse effects on competition due to the MLS's substantial market power, the lack of substitutes for its service, and the policy's anticompetitive nature; the policy actually caused actual anti-competitive effects by narrowing information and choices available to consumers and reducing the number of discount-commission listings. Proffered pro-competitive justifications were insufficient to overcome a prima facie case of adverse impact.
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