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The U.S. Supreme Court will not be hearing REX Real Estate’s antitrust lawsuit against Zillow and the National Association of Realtors (NAR).
The court announced its decision in an order list published on Monday. No reason for the Supreme Court denying the petition was given.
Typically, the Supreme Court chooses cases that have national significance or give them the opportunity to set an important legal precedent.
In mid-September, REX asked the Supreme Court to review a lower court ruling to grant summary judgement and dismiss REX’s antitrust claims against Zillow and NAR.
Originally filed by REX in March 2021, the lawsuit alleges that NAR and Zillow broke antitrust laws when NAR promulgated its optional no-commingling rule and Zillow redesigned its website in order to follow the rule within the MLSs that adopted it.
Judge Thomas Zilly, who oversaw the case, dismissed REX’s antitrust claims against NAR and Zillow in a summary judgement ruling. REX appealed this ruling to the Ninth Circuit Court of Appeals, which affirmed the lower court’s ruling. In April 2025, the Ninth Circuit denied REX’s request for a rehearing, leaving REX no choice but to file with the Supreme Court.
The denial of REX’s petition by the Supreme Court means that the lower court ruling on the issue stands.
In emailed statements, spokespeople for both NAR and Zillow expressed their pleasure that the petition was denied.
“Zillow was founded on increasing transparency in real estate, and we have a long history of advocating for practices and launching products that do just that. This decision reinforces our long-standing commitment to transparency, innovation and prioritizing consumers,” a Zillow spokesperson wrote.
The NAR spokesperson added that since day one the trade group did not believe the now defunct no-commingling rule violated antitrust laws.
“Both the district court and the Ninth Circuit Court of Appeals affirmed this, and we are pleased their rulings will stand. Local MLSs play a key role in fostering transparent, competitive and fair housing markets by delivering consumers the most accurate and up-to-date information on home listings,” the NAR spokesperson added. “While the optional rule is no longer in effect, NAR remains committed to protecting the benefits MLSs provide agents, consumers, and the industry.”
