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Berkshire Hathaway Energy — Commission Antitrust

Burnett v. Berkshire Hathaway Energy et al.

OngoingNAR Commission Antitrust
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Quick Facts

Filed

2023

Jurisdiction

Western District of Missouri (Kansas City)

Plaintiff Firm

Ketchmark and McCreight

Next Milestone

Trial date to be set; BHE faces potential damages separate from HomeServices' $250M settlement

Key Issue

Berkshire Hathaway Energy (BHE) is accused of conspiring to inflate real estate commissions paid by home sellers, even though its subsidiary HomeServices of America separately settled the same claims for $250 million in 2024. BHE argued a 'single enterprise' doctrine should shield it from additional liability.

Industry Impact

On April 9, 2026, Judge Stephen Bough rejected BHE's single-enterprise defense, ruling that the HomeServices settlement did not shield the parent company. BHE must now face trial. Plaintiff attorney Michael Ketchmark stated BHE was 'propping up this conspiracy to pick the pockets of homeowners.' Berkshire ended 2025 with $373.3 billion in cash.

Case Timeline
Key events and milestones in this case

Case Filed

2023

Home sellers file antitrust class action against Berkshire Hathaway Energy alleging conspiracy to inflate real estate commissions

HomeServices Settles for $250M

2024

HomeServices of America (BHE subsidiary) settles commission antitrust claims for $250 million; BHE argues this should shield the parent

BHE's Single-Enterprise Defense Rejected

April 9, 2026

Judge Stephen Bough rules Berkshire Hathaway Energy must face trial; rejects argument that HomeServices settlement shields parent company from additional liability

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