A plaintiff's attempt to categorize complaints about the dues structure as antitrust violations lacks sufficient allegations to proceed in court. He has not identified any injury or loss of opportunity, which undermines his standing. The motion filed by NAR emphasizes that claims are theoretically driven and do not indicate actual harm. Furthermore, it points to the ability of California real estate licensees to access multiple listing services without needing to join Realtor associations, questioning the nature of the antitrust claims presented.
Plaintiff's attempt to contort his complaints about the dues formula into federal and state antitrust violations by invoking buzzwords does not meet the threshold to survive a motion to dismiss.
Diaz claims that NAR, along with the other defendants, violated antitrust laws through its dues and membership structure.
NAR argues that Diaz's claims are based on hypothetical impacts of the membership dues formula and does not allege any concrete injury.
The motion highlights that real estate licensees in California can belong to and access Realtor-owned MLSs without joining a Realtor association.
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