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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Why do we resign just and accept that it can't be changed. It needs to change.[/quote]

Do it however you want to do it. I use Redfin but still want an agent. Some people find other solutions that work for them. There is no monopoly here. You can make other choices. [/quote]

The case isn't a monopolization case. It is basically price fixing. I am an antitrust lawyer who works on cases similar to this, and I think it is a strong case, though difficult in a lot of ways. [/quote]

You’re quoting me. And that’s exactly the problem. There isn’t price-fixing.

For comparison, look at the recent au pair case. While au pairs could in theory always negotiate wages, agencies discouraged it, so there was an anti-competitive result.

In contrast, there truly is no price fixing at 6%. That’s common but hardly overwhelmingly common, with negotiation and competition.

So yes. This is why I passed on a very similar case. It’s just… not strong at all. [/quote]

I hope you're not an antitrust lawyer because you don't understand antitrust laws. The fact that the buyer can still negotiate doesn't mean there is no price fixing. In essentially every single price fixing case, there is negotiation. Big buyers purchasing from a cartel always negotiate better prices than small buyers purchasing from a cartel. The key though is that the starting point of the negotiations is artificially high because of the agreement. That's precisely the case here. I think the case looks pretty strong. At least one of the class cases has already made it through class certification with a nationwide, or at least multicity class (I haven't checked the details), which appears to be difficult here because of inherently regionalized nature of real estate. But I think the principle that the starting point is artificially inflated by the agreement among the realtors comes into play there too.

Anyway, I think it appears to be a fairly strong case. Unlike a lot of cartel cases, here the agreement is out in the open, not concealed. I assume the plaintiffs have hired experts who have shown price effects. Not sure what the strongest defenses are, frankly.[/quote]

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