Key facts
- CoStar's motion to file an amicus brief in Zillow's litigation against MRED and Compass was denied by Judge John Tharp.
- CoStar sought to highlight Zillow's alleged hypocrisy in demanding MLS access while creating its own pre-market listing channel.
- CoStar claimed Zillow's actions aim to expand its ecosystem and replace the non-profit MLS system, disadvantaging rivals.
- Zillow's lawsuit against MRED and Compass alleges a conspiracy to withhold listing data and pressure Zillow to carry private listings.
- MRED is under a temporary restraining order to continue supplying Zillow with a listing feed, while Zillow is prevented from banning MRED listings.
CoStar's attempt to intervene in the legal dispute between Zillow, Midwest Real Estate Data (MRED), and Compass International Holdings has been unsuccessful. U.S. federal judge John Tharp denied CoStar's motion to submit an amicus curiae brief, without providing a specific reason.
CoStar, through its general counsel Gene Boxer, stated its intention was to highlight Zillow's perceived hypocrisy in seeking guaranteed access to MLS listing data while simultaneously developing its own pre-market listing channel, Zillow Preview. Boxer argued this creates an advantage for Zillow and withholds inventory from competitors, undermining principles of openness and transparency.
CoStar's brief, filed last week, opposed Zillow's motion for a preliminary injunction to prevent MRED from suspending its listing feed. CoStar alleged Zillow's actions are part of a plan to expand its ecosystem and replace the MLS system, fragmenting the market and disadvantaging rivals like Homes.com. The company also claimed its Homes.com portal was harmed by Zillow's exclusive pre-market listing practices.
The underlying lawsuit involves Zillow's antitrust claims against MRED and Compass, alleging they conspired to withhold listing data and pressure Zillow to feature private listings. MRED had suspended Zillow's listing feed in May but is currently under a temporary restraining order to continue supplying it, while Zillow is barred from removing MRED listings from its platform.