May 16, 2026 Real Estate Antitrust Roundup: DOJ Wildcard, Zillow Sues MRED & Compass, Batton Injunctions Denied
The week of May 12–16, 2026 brought a flurry of court activity across every major cluster of real estate antitrust litigation. Here is a verified, source-traced summary of every significant development.
🔴 DOJ Spotlight: The Wildcard That Won't Go Away
The single most consequential filing in recent months came not from plaintiff counsel or defense teams, but from the U.S. Department of Justice. Two days before the Sitzer/Burnett settlement received final court approval in November 2024, the DOJ filed a Statement of Interest making clear that NAR's $418 million settlement "affords no defense to any such enforcement actions." In plain English: even if the Eighth Circuit affirms the settlement on appeal, the DOJ retains full authority to pursue independent antitrust enforcement against the same conduct.
That statement has taken on new weight in 2026. The Eighth Circuit heard oral arguments on January 14, 2026, and NAR expects a decision in late summer or early fall 2026. Objectors — home sellers in the class, a law professor, and homebuyer plaintiffs from the parallel Batton case — argue the plaintiffs lacked standing, the $418 million payout is inadequate, and homebuyers should not be bound by a sellers-only settlement. Whatever the Eighth Circuit decides, it does not bind the DOJ.
Tuccori Settlement: Batton Injunction Denied Again
The Tuccori v. At World Properties homebuyer commission lawsuit settlement — in which NAR agreed to pay $52.25 million — continued to draw fire from the Batton plaintiffs this week.
On Tuesday, the Batton plaintiffs filed a motion for preliminary injunction seeking to prevent NAR from proceeding with its Tuccori settlement, citing two pending appeals in the Seventh Circuit and alleging the settlement was the product of a "reverse auction." On Wednesday, Judge LaShonda Hunt denied the motion, reaffirming her earlier ruling that allowed Anywhere Real Estate's Tuccori opt-in settlement to proceed. This is now the second consecutive denial of a Batton preliminary injunction attempt.
Separately, Compass and United Real Estate both notified the Batton court this week that they had opted into the Tuccori settlement. Their motions to stay the Batton proceedings were denied on Thursday, consistent with earlier rulings on other Tuccori opt-in settlements.
The Lutz homebuyer commission lawsuit plaintiffs also filed a motion for preliminary injunction this week, seeking to block Compass and United Real Estate from proceeding with their Tuccori opt-in settlements, arguing those defendants were never sued in Lutz and therefore cannot purchase a release of Lutz claims.
Illinois court status: The Northern District of Illinois granted NAR's request for a stay in the Batton case on April 23, 2026, pending the outcome of the Tuccori settlement approval process. All parties must file a joint status update on June 2, 2026.
Sources: HomeServices opts into Tuccori settlement — HousingWire | Illinois Court Grants NAR's Request for a Stay in Batton Case — NAR Magazine | Real estate antitrust and commission lawsuits, week in court update — HousingWire
🆕 Zillow Sues MRED & Compass: A New Front Opens
In the most explosive new filing of the week, Zillow filed a federal antitrust lawsuit on May 12, 2026 against Midwest Real Estate Data (MRED) — the MLS serving greater Chicago and parts of three neighboring states — and Compass, the country's largest real estate brokerage.
The complaint, filed in federal court in Chicago, alleges that MRED and Compass conspired to hide home listings from buyers and coerce Zillow into abandoning its consumer-protection transparency standards. Key allegations:
- In April 2026, MRED and Compass announced a formal partnership to expand MRED's private listing network nationwide, allowing Compass agents anywhere in the country to enter listings into MRED's system to shield them from pro-transparency platforms.
- By early May 2026, MRED demanded Zillow reinstate Compass private listings in states hundreds of miles outside MRED's territory. The same day, MRED's technology distributor threatened to terminate Zillow's entire Chicagoland listing feed if Zillow did not comply. MRED CEO Rebecca Jensen also chairs that distributor's board — meaning the same person controlled both the threat and the mechanism for carrying it out.
- On May 8, 2026, Compass terminated all direct listing feed agreements with Zillow nationwide, on behalf of itself and every Compass brokerage entity or subsidiary.
- A May 11, 2026 email from a Compass executive to an MLS CEO in North Carolina explicitly asked the MLS to enforce policies cutting off Zillow by May 20 — the same deadline MRED had set, even though Compass was not copied on MRED's threat to Zillow.
Zillow is seeking a court order blocking MRED from enforcing its revised rules, plus treble damages and attorneys' fees under the Sherman Act. The complaint notes that Compass's January 2026 acquisition of Anywhere Real Estate (Coldwell Banker, Century 21, Corcoran, Sotheby's) gave it a market share in Chicago that the DOJ has called "presumptively unlawful."
FTC v. Zillow & Redfin: Motion to Dismiss Denied
In a separate but related development, U.S. District Judge Anthony Trenga ruled on May 6, 2026 that Zillow and Redfin must face the FTC's antitrust lawsuit over their rental listings partnership. The ruling denied the defendants' motion to dismiss, finding the FTC "plausibly alleged" violations of the Sherman Act, the Clayton Act, and the FTC Act.
The FTC filed suit in September 2025, alleging that Zillow's $100 million payment to Redfin to exit the rental listing market enabled Zillow to dominate online rental advertising in an already highly concentrated market. Five state attorneys general (Arizona, Connecticut, New York, Virginia, Washington) filed a parallel suit in October 2025; the two cases were consolidated in November 2025.
Zillow and Redfin argued the complaint was based on a flawed market definition and that their partnership benefited consumers. Judge Trenga found those arguments insufficient at the pleading stage, citing "what appears from the face of the Complaint to be clearly anti-competitive conduct."
Source: Zillow, Redfin must face FTC's antitrust lawsuit — Multifamily Dive
Three-Way Membership Lawsuits: DeYoung, Hardy, Zea All Active
Three antitrust lawsuits targeting the NAR three-way membership requirement — which conditions MLS access on simultaneous membership in local, state, and national Realtor associations — all had significant developments this week.
DeYoung v. NAR (Louisiana): A federal court granted the DeYoung plaintiffs leave to file a second amended complaint, reviving federal antitrust and Fair Housing Act claims that were dismissed without prejudice in late March. The plaintiffs allege defendants conditioned MLS access on "compulsory membership in local, state and national Realtor associations."
Hardy v. NAR (Michigan / Sixth Circuit): The Hardy plaintiffs filed an appeal in the Sixth Circuit Court of Appeals regarding the final judgment issued in late March, which dismissed the case after finding the plaintiffs' claims about MLS access were "misleading and contradicted by reality."
Zea v. NAR (Florida): Jorge Zea filed an amended complaint after his lawsuit was fully dismissed in mid-April. Zea, who operates a flat-fee brokerage at snapflatfee.com, reiterates claims that defendants collectively decline to enforce NAR's mandatory rules designed to mitigate anticompetitive practices including commission-based steering and suppression of listing agent contact.
Source: Real estate antitrust and commission lawsuits, week in court update — HousingWire
Compass v. NWMLS: Compass Moves to Dismiss Counterclaims
The Compass v. Northwest MLS battle in Seattle continued this week. Compass filed a motion to dismiss the counterclaims NWMLS asserted against it, arguing that "only a monopolist like NWMLS would sue its own customer (Compass) for daring to stand up for competition and homeowner choice."
NWMLS had filed counterclaims in early April alleging that Compass's "three-phase marketing program" is a deceptive pocket listing scheme that violates Washington's Consumer Protection Act by hiding inventory and manipulating days-on-market data. NWMLS CEO Justin Haag responded this week: "Compass's recent attempt to frame market transparency as a 'monopoly' is a distraction from the real issue: the creation of shadow inventory that benefits a single brokerage at the expense of the general public."
Source: Real estate antitrust and commission lawsuits, week in court update — HousingWire
Hooper Home Seller Case: Attorneys' Fees Appeal
In the Hooper home seller commission lawsuit, the Gibson lawsuit plaintiffs and James Mullis appealed the court's award of attorneys' fees related to settlements reached with eXp World Holdings and Weichert Realtors. The Gibson plaintiffs had previously characterized those settlements as "sweetheart deals" and "reverse auctions" — the same language Batton plaintiffs are using in the Tuccori context. Their attempts to intervene in Hooper were denied, and this week's appeal continues that challenge.
Source: Real estate antitrust and commission lawsuits, week in court update — HousingWire
FTC/DOJ HSR Rulemaking: Real Estate Exemptions Under Review
The FTC and DOJ have signaled they are considering eliminating HSR (Hart-Scott-Rodino) pre-merger notification exemptions that currently shield most real estate transactions from antitrust review. Public comments were solicited as part of ongoing HSR rulemaking. If the exemptions are removed, real estate mergers and acquisitions — including brokerage consolidations like the Compass/Anywhere deal — would face mandatory federal antitrust review before closing.
Source: FTC and DOJ Considering HSR Rule Changes that Could Eliminate Real Estate Exemptions — JD Supra
Case Status Summary
| Case | Latest Development | Next Date |
|---|---|---|
| Sitzer/Burnett (8th Cir.) | Oral arguments heard Jan. 14, 2026; decision pending | Late summer / fall 2026 |
| Tuccori v. At World Properties | NAR $52.25M settlement; Batton injunction denied May 14 | Approval hearing TBD |
| Batton v. NAR | Stay granted Apr. 23; Compass & United RE opt into Tuccori | Joint status update June 2, 2026 |
| Lutz | Preliminary injunction filed vs. Compass & United RE Tuccori opt-ins | Pending |
| Compass v. NWMLS | Compass moves to dismiss NWMLS counterclaims | Pending |
| Zillow v. MRED & Compass | Filed May 12, 2026; treble damages & injunction sought | Pending |
| FTC v. Zillow & Redfin | Motion to dismiss denied May 6, 2026 | Discovery / trial schedule TBD |
| DeYoung v. NAR | Leave to file 2nd amended complaint granted | Pending |
| Hardy v. NAR | Appeal filed in 6th Circuit | Pending |
| Zea v. NAR | Amended complaint filed | Pending |
| Hooper | Attorneys' fees appeal filed by Gibson plaintiffs | Pending |
| HSR Rulemaking | FTC/DOJ considering eliminating real estate exemptions | Comment period ongoing |
All sources verified by navigation. Not legal advice. This post is for informational purposes only.
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About the Author
Frances Flynn Thorsen
eXp Realty LLC
REALTOR® • Writer • Educator • Consumer Advocate
Frances Flynn Thorsen brings nearly 40 years of frontline experience in residential real estate, with a career built at the intersection of consumer advocacy, market literacy, and professional accountability. A leading REALTOR®, writer, educator, and trusted advisor to high-performing agents, she translates complex market forces and industry practices into clear, practical guidance for consumers and the professionals who serve them.
State College, PA • License RS148436A
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