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This case was last updated from PACER on 05/11/2021 at 09:07:18 (UTC).

Compass, Inc. et al v. Real Estate Board of New York, Inc.

Case Summary

On March 12, 2021, Compass, Inc. and Compass RE NY, LLC (Compass, Inc. and Compass RE NY, LLC, collectively, “Compass”), represented by Glen Garrett McGorty of Crowell & Moring LLP, filed an antitrust lawsuit against the Real Estate Board of New York, Inc. (“REBNY” or “Defendant”), seeking immediate and permanent injunctive relief, as well as such damages as are required to make them whole—including the trebling of such damages in accordance with the Donnelly and Sherman Acts—for the alleged past and continuing harm caused by REBNY and its co-conspirators’ course of anticompetitive, unfair, and deceptive business practices, which have violated and continue to violate the Donnelly Act, the Sherman Act, and New York common law. This case was filed in U.S. District Court in the Southern District of New York with Judge Alison J. Nathan presiding.

 

In the complaint, Compass alleged that “the New York Residential Real Estate Brokerage Market has long been dominated by REBNY and the traditional incumbent brokerages, including its co-conspirators NRT New York LLC d/b/a The Corcoran Group (“Corcoran”), and Douglas Elliman LLC (“Douglas Elliman”). When the technology and creativity of new competitors like Compass challenged REBNY and its co-conspirators’ decades-old business models by offering new capabilities and services to consumers and agents, new marketing techniques, and innovative technology, REBNY and its traditional incumbent brokerages responded with alarm. Instead of adapting and evolving to meet the competitive challenge, REBNY and its co-conspirators sought to smother it, repeatedly acting to preserve the market’s status quo, their business models, and their dominance of New York City residential real estate sales.”

 

Compass further alleged that “REBNY and its co-conspirators have amplified the competitive harm from Article II, Section 7 by enforcing it in a discriminatory manner and invoking it predominantly against forward-thinking brokerages, like Compass, while allowing movement to take place so long as it remains among the traditional and loyal members of REBNY.” It has also been alleged that “REBNY and its co-conspirators have thus not only promoted and adopted an anticompetitive trade group bylaw, but have also essentially entered into de facto “no-poach” agreements whereby agent movement, agent earnings, and competition between brokerages and for agents are all suppressed, which in turn has harmed consumer choice. The threat of exclusion from the REBNY RLS is used to perpetuate and protect this collusive scheme.”

 

There are three claims for relief laid down by Compass. The first claim is for violations of N.Y. Gen. Bus. Law §§ 340 et seq. (Donnelly Act) in the New York Residential Real Estate Brokerage Market by RENBY. The second claim relates to violations of 15 U.S.C. § 1 (Sherman Act) in the New York residential real estate brokerage market and the third claim is for tortious interference with prospective economic advantage wherein Compass alleged that REBNY and its co-conspirators intentionally interfered with Compass’s business discussions with the property owners by refusing to release those properties and by using REBNY to anticompetitively prevent those owners from moving to Compass.

 

In the prayer for relief, Compass has requested the court to pass an order to award compensatory damages, treble in amount and with pre judgment interest and punitive damages. Compass further requested the court to pass an order for an immediate and permanent  injunctive relief against REBNY in addition to attorney fees and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02195

  • Filing Date:

    03/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Alison J. Nathan

 

Party Details

Plaintiffs

Compass, Inc.

Compass RE NY, LLC

Defendant

Real Estate Board of New York, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Glen Garrett McGorty

Attorney at Crowell & Moring LLP (NYC)

590 Madison Avenue

New York, NY 10022

Chahira Solh

Attorney at Crowell & Moring LLP

3 Park Plaza, Ste 20Th Floor

Irvine, CA 92614-8505

 

Court Documents

#10

(#10) WAIVER OF SERVICE RETURNED EXECUTED. Real Estate Board of New York, Inc. waiver sent on 3/19/2021, answer due 5/18/2021. Document filed by Compass, Inc.; Compass RE NY, LLC..(Solh, Chahira) (Entered: 03/29/2021)

#8

(#8) NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 5/28/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/17/2021) (jca) (Entered: 03/18/2021)

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Real Estate Board of New York, Inc...(pc) (Entered: 03/15/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Real Estate Board of New York, Inc., re: #1 Complaint. Document filed by Compass RE NY, LLC, Compass, Inc...(McGorty, Glen) (Entered: 03/12/2021)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Compass, Inc. for Compass RE NY, LLC. Document filed by Compass RE NY, LLC..(McGorty, Glen) (Entered: 03/12/2021)

#3

(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SoftBank Group Corp., Corporate Parent SVF Excalibur (Cayman) Limited for Compass, Inc.. Document filed by Compass, Inc...(McGorty, Glen) (Entered: 03/12/2021)

#2

(#2) CIVIL COVER SHEET filed..(McGorty, Glen) (Entered: 03/12/2021)

#1

(#1) COMPLAINT against Real Estate Board of New York, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24245470)Document filed by Compass, Inc., Compass RE NY, LLC..(McGorty, Glen) (Entered: 03/12/2021)

 

Docket Entries

  • 03/29/2021
  • View Court Documents
  • Docket(#10) WAIVER OF SERVICE RETURNED EXECUTED. Real Estate Board of New York, Inc. waiver sent on 3/19/2021, answer due 5/18/2021. Document filed by Compass, Inc.; Compass RE NY, LLC..(Solh, Chahira) (Entered: 03/29/2021)

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  • 03/23/2021
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  • Docket(#9) ORDER granting #7 Motion for Chahira Solh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) (Entered: 03/23/2021)

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  • 03/18/2021
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  • Docket(#8) NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 5/28/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/17/2021) (jca) (Entered: 03/18/2021)

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  • 03/15/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Chahira Solh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24252770. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#7) MOTION for Chahira Solh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24252770. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Affidavit of Chahira Solh, #2 Exhibit Certificate of Good Standing of Chahira Solh, #3 Text of Proposed Order).(Solh, Chahira) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Real Estate Board of New York, Inc...(pc) (Entered: 03/15/2021)

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  • 03/15/2021
  • DocketCase Designated ECF. (pc) (Entered: 03/15/2021)

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  • 03/15/2021
  • DocketMagistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 03/15/2021)

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  • 03/15/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 03/15/2021)

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  • 03/12/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Real Estate Board of New York, Inc., re: #1 Complaint. Document filed by Compass RE NY, LLC, Compass, Inc...(McGorty, Glen) (Entered: 03/12/2021)

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  • 03/12/2021
  • View Court Documents
  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Compass, Inc. for Compass RE NY, LLC. Document filed by Compass RE NY, LLC..(McGorty, Glen) (Entered: 03/12/2021)

    Read MoreRead Less
  • 03/12/2021
  • View Court Documents
  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SoftBank Group Corp., Corporate Parent SVF Excalibur (Cayman) Limited for Compass, Inc.. Document filed by Compass, Inc...(McGorty, Glen) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(McGorty, Glen) (Entered: 03/12/2021)

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  • 03/12/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Real Estate Board of New York, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24245470)Document filed by Compass, Inc., Compass RE NY, LLC..(McGorty, Glen) (Entered: 03/12/2021)

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