NWMLS argues in its motion to dismiss that Compass's allegations do not demonstrate a relevant market or harm to competition. Compass counters by labeling NWMLS as a monopoly and claims it restricts consumer choices and broker competition by mandating how homes are marketed. Compass opposes NWMLS's policy changes regarding pre-marketing listings, asserting these changes serve to protect its monopoly and existing brokers rather than promoting competition or benefiting home sellers. Compass cites federal antitrust criticism of mandatory submission policies to strengthen its argument against NWMLS.
NWMLS claims that Compass fails to allege a cognizable relevant market, that allegations undermine claims of anticompetitive effects and confirm the pro-competitive nature of NWMLS' rules.
Compass contests that NWMLS is a monopoly blocking consumer choice and broker competition, claiming it forces home sellers to market through NWMLS.
Compass asserts that NWMLS has altered rules regarding pre-marketing listings and ignores that other rules allow such pre-marketing.
Compass emphasizes that pre-marketing a property is important according to federal antitrust agency statements which criticize mandatory submission policies.
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