As reported by Law360 and The Daily Journal, a 9th U.S. Circuit Court of Appeals panel appeared open to reviving antitrust claims brought by Keker, Van Nest & Peters client Commercial Real Estate Exchange (CREXi) against CoStar over its dominance in the commercial real estate information market.
The litigation between the two rivals began when CoStar sued CREXi over alleged copyright infringement and other violations for reproducing photographs without CoStar's permission. CREXi countersued, alleging CoStar is a monopolist that blocks brokers from using CREXi’s services. In July, U.S. District Judge Consuelo B. Marshall granted CoStar’s motion to dismiss CREXi’s antitrust counterclaims.
Keker partner Nicholas Goldberg presented CREXi’s appeal to the 9th Circuit panel, arguing that the lower court misapplied the legal standard for a motion to dismiss, and that CREXi’s counterclaims include questions of fact and evidence that need to go to a jury and can’t be decided in CoStar’s favor on a motion to dismiss.
There is fear and “tremendous uncertainty” among the brokers, Goldberg said. “This is a significant antitrust case against an aggressive industry player.”
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