No. 22-289

The National Association of Realtors, et al. v. The PLS.com, LLC

Lower Court: Ninth Circuit
Docketed: 2022-09-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: antitrust antitrust-market illinois-brick indirect-network-effects indirect-purchaser-rule multiple-listing-services ohio-v-american-express relevant-market standing-to-sue two-sided-platform
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

First, in defining the relevant antitrust market for a two-sided platform with indirect network effects, can courts simply elect not to analyze both sides of the market, notwithstanding this Court's command that they "must" do so? See Amex, 138 S. Ct. at 2286.

Second, where Illinois Brick established the "indirect purchaser" rule such that the first party outside the conspiracy has standing to sue, can a competitor establish standing based on harm to alleged members of the conspiracy?

Question Presented (AI Summary)

Whether courts must analyze both sides of a two-sided platform with indirect network effects in defining the relevant antitrust market, as required by Ohio v. American Express Co.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-28
Reply of petitioners The National Association of Realtors, et al. filed. (Distributed)
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-06
2022-10-25
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2022.
2022-10-24
Motion to extend the time to file a response from November 16, 2022 to December 16, 2022, submitted to The Clerk.
2022-10-17
Response Requested. (Due November 16, 2022)
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-30
Waiver of right of respondent PLS.com, LLC to respond filed.
2022-09-23
Petition for a writ of certiorari filed. (Response due October 27, 2022)
2022-07-14
Application (22A28) granted by Justice Kagan extending the time to file until September 23, 2022.
2022-07-11
Application (22A28) to extend the time to file a petition for a writ of certiorari from July 25, 2022 to September 23, 2022, submitted to Justice Kagan.

Attorneys

The National Association of Realtors, Bright MLS, Inc., Midwest Real Estate Data, LLC, and California Regional Multiple Listing Services, Inc.
Adam Scott GershensonCooley LLP, Petitioner
The PLS.COM, LLC
Douglas Eugene LitvackJenner & Block LLP, Respondent