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REX v. National Association of REALTORS® (No-Commingling Rule)
Filed
2021
Jurisdiction
Federal Courts (District + Appellate + Supreme Court)
Plaintiff Firm
REX Real Estate (plaintiff)
Next Milestone
Case closed — Supreme Court denied rehearing December 15, 2025
REX alleged NAR's optional 'no-commingling' MLS policy unfairly restricted competition by requiring certain listings to be displayed separately from MLS listings, disadvantaging non-MLS brokerages like REX
Case closed after Supreme Court declined to hear appeal for the second time (December 15, 2025). Federal district and appellate courts consistently ruled in NAR's favor, finding no antitrust violation. NAR voluntarily repealed the no-commingling rule in 2025 due to declining relevance. Outcome provides legal clarity that MLS display rules do not inherently violate antitrust law.
REX Files Antitrust Lawsuit
2021REX Real Estate files antitrust lawsuit alleging NAR's no-commingling rule unfairly restricts competition by requiring certain listings to be displayed separately from MLS listings
District and Appellate Courts Rule for NAR
2022-2024Federal district court and appellate courts consistently rule in NAR's favor, finding no antitrust violation in the optional MLS display policy
NAR Repeals No-Commingling Rule
2025NAR voluntarily repeals the no-commingling rule due to declining relevance and industry feedback, even as litigation continues
Supreme Court Declines Rehearing — Case Closed
December 15, 2025U.S. Supreme Court declines for the second time to hear REX's appeal, permanently ending the litigation and leaving appellate court rulings in NAR's favor in place
Category
Dismissed/ClosedBuyer-broker commission rules (later refiled as Batton 2)
Category
Dismissed/ClosedChallenge to NAR's Clear Cooperation Policy (CCP) regarding off-MLS and pocket listings
Category
Dismissed/ClosedCompass alleged Zillow used monopoly power to undermine a competing listing model through its 'private listing' rule requiring one-day MLS sharing; Zillow's policy blocked certain listings from its platform if they were not shared on MLS within one day of being marketed
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