Antitrust Developments in Real Estate: Regulatory Updates, Compliance Challenges, Lessons Learned From Recent Cases
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Tuesday, September 16, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will discuss antitrust developments in the real estate industry. The panel will examine recent notable antitrust lawsuits involving companies in the industry and lessons to be learned. The panel will also offer key considerations for developing business and transactional practices to mitigate the risk of antitrust claims.
Mr. Burch focuses on representing clients in business and commercial litigation matters. He is experienced in a range of topics, including trade secrets, contracts, real estate, and asset recovery. Mr. Burch’s unique expertise also includes seeking emergency relief for victims of theft and fraud. Whether working with large corporations or small businesses, Mr. Burch is committed to providing exceptional service and is dedicated to helping his clients navigate the complexities of the legal system.
Mr. McAvoy has broad experience prosecuting and defending antitrust and other complex claims across a variety of industries, including financial services, technology, air travel, automotive and pharmaceuticals. He has delivered winning results for clients in noteworthy matters of public significance. Mr. McAvoy has represented both consumers and Fortune 500 companies in the pursuit of relief from antitrust violations and has helped clients obtain both substantial monetary recoveries and structural relief to stop future violations. On the defense side, he has helped clients effectively resolve complex, high-stakes claims and secure favorable outcomes. Mr. McAvoy has litigated claims involving, among other things, monopolization, price fixing, group boycotts and bundled discounts, and he has substantial experience working with economists and experts.
Recent high profile antitrust lawsuits in the real estate industry demonstrate the importance of understanding the antitrust risks in the industry and how counsel can help their real estate clients create business and transactional practices to mitigate the risk of claims under federal and/or state antitrust laws.
Most notable is the $418 million National Association of Realtors (NAR) settlement that was reached in response to a suit alleging antitrust violations based on the cooperative compensation model that had been required for MLS participation. Other recent antitrust actions include a suit filed against Zillow claiming it is using anticompetitive tactics related to its process for accepting home listings for properties; the DOJ's suit, together with several states, against RealPage alleging its contracting with competing landlords to share nonpublic, sensitive information about their rental rates and lease terms to train and run their algorithmic pricing software and align rental rates is anticompetitive conduct in violation of the Sherman Act; and the Ninth Circuit case in CoStar Group Inc. v. Commercial Real Estate Exchange Inc. which alleged that CoStar used restrictive customer contracts to maintain its monopoly and suppress competition, which resulted in significant rulings by the court related to claims under the Sherman Act.
Counsel should understand what business and transactional practices in real estate could constitute antitrust violations, the regulations under which claims may be brought, and how to assist their clients with developing compliant business practices to mitigate the risk of and be in the best position to defend against possible claims.
Listen as our expert panel examines antitrust developments and enforcement activity in the real estate industry and offers best practices for compliance.
I. Introduction
II. Antitrust risks in real estate
A. Business and transactional practices that could constitute antitrust activity
III. Antitrust regulation and the impact on real estate companies
A. Sherman Act
B. Clayton Act
C. FTC Act
D. State law considerations
IV. Notable cases and lessons learned
A. NAR
B. RealPage
C. CoStar
D. Zillow
E. Others
V. Best practices to mitigate risk of antitrust claims
The panel will review these and other important issues:
- What antitrust regulations impact real estate business practices? How?
- What business and transactional practices in the real estate industry may risk violating federal and/or state antitrust regulations?
- What lessons may be learned from recent actions taken against real estate companies for alleged antitrust violations?
