US Supreme Court Declines Zillow Antitrust Appeal, Upholds Lower Court Rulings

The U.S. Supreme Court declined to hear the appeal from Real Estate Exchange Inc. (REX), effectively ending its legal challenge against Zillow and the National Association of Realtors (NAR) over the optional no-commingling rule. This rule, which has since been repealed, allowed MLS-affiliated listings to be displayed separately from non-MLS listings on platforms like Zillow, a practice REX argued limited consumer choice and gave unfair advantage to NAR members. Lower courts had previously ruled in favor of Zillow and NAR, finding no antitrust violation or illegal conspiracy, and a jury dismissed REX's consumer deception claim. Zillow praised the decision as a reinforcement of its commitment to transparency and innovation, while NAR maintained that the optional rule was lawful, optional, and no longer in effect. The legal dispute centered on Zillow's compliance with MLS rules after becoming an IDX participant, which led to the two-tab system on its website separating MLS and non-MLS listings. The Supreme Court's refusal to review the case upholds the lower courts' rulings and closes the chapter on this litigation.