T
he Supreme Court has closed the appeal that tried to overturn a ruling favoring the National Association of REALTORS® (NAR). In October, the Court declined to hear Real Estate Exchange Inc. (REX)’s complaint, and on Monday it denied REX’s petition for a rehearing, ending the case.

    REX sued NAR and Zillow in March 2021, claiming NAR’s optional “no‑commingling” rule violated federal antitrust law. The rule, which let MLSs display non‑MLS listings separately, was repealed in June. Both the Ninth Circuit and the Western District of Washington had ruled in NAR’s favor. The Supreme Court’s refusal to review the case confirms that the rule was not an antitrust violation.

    NAR’s General Counsel Jon Waclawski said the district court and the Ninth Circuit had affirmed the rule’s legality, and the Supreme Court’s denial of certiorari solidifies that position. He added that local MLSs are essential for transparent, competitive housing markets and that NAR remains committed to protecting the benefits MLSs provide to agents, consumers, and the industry.

    The Executive Committee voted to repeal the optional policy in June, citing declining use and feedback from the MLS community. The Supreme Court’s decision, announced on December 15 and updated on December 16, leaves the case closed.