FOLLOW US

Sat

July 11, 2026

America September 8, 2025 3 mins read

9th Circuit CoStar Antitrust Clash Escalates After Rehearing Bid Rejected

America ı By Rihem Akkouche

0 Comments

9th Circuit CoStar Antitrust

The Ninth Circuit Court of Appeals has refused to revisit its June ruling reviving antitrust claims against CoStar, leaving the real estate giant facing accusations it has monopolized commercial listing markets.

On Friday, the appellate panel denied CoStar’s petition for rehearing, a last-ditch effort to unwind the earlier decision that gave rival Commercial Real Estate Exchange Inc. (CREXi) new momentum in its lawsuit. Judges Lucy Koh and Anthony Johnstone voted against rehearing, and no other judge called for a full panel review.

“The Ninth Circuit has now definitively rejected CoStar’s appeal, ruled in favor of CREXi, and green lit CREXi’s antitrust claims,” said Nicholas S. Goldberg of Keker Van Nest & Peters LLP, counsel for CREXi. “CoStar’s efforts to bob and weave, and delay its day of reckoning for its monopolistic and oppressive behavior, have run their course.”

CoStar Pushes Back

CoStar’s general counsel Gene Boxer countered Monday that the company took solace in the court amending parts of its June opinion. The new version, he argued, requires CREXi to prove that nearly every CoStar client misunderstood its terms.

“CREXi’s makeweight counterclaims never made any sense, and they make even less sense now,” Boxer said. He also noted that many brokers maintain listings with both CoStar and CREXi, undercutting the exclusivity allegations.

Meanwhile, CoStar continues to press its copyright lawsuit against CREXi, accusing it of copying photographs and data. CREXi has sought to pause that case until its antitrust claims are resolved.

Monopoly Allegations Revived

The Ninth Circuit’s June decision marked a sharp reversal of a 2023 California district court ruling that tossed CREXi’s claims. The lower court had found insufficient evidence of monopoly power and ruled CoStar’s broker contracts were not exclusive.

But the appellate panel saw it differently. CREXi alleged CoStar’s contracts effectively locked in brokers, while technological barriers created a moat around its platform. The panel highlighted evidence that CoStar raised prices after acquiring competitors or forcing rivals from the market—classic markers of monopoly power.

Broader Antitrust Stakes

The battle has drawn heavyweight interest. In August, a tech industry group and antitrust scholars sided with CoStar, warning the Ninth Circuit’s stance could upend long-standing antitrust doctrine.

The Chamber of Progress argued the ruling might pressure companies to share proprietary systems with rivals, “sidestepping foundational refusal-to-deal principles” and potentially chilling innovation across technology-driven markets.

Counsel in the Fight

  • CoStar: Elyse M. Greenwald, Melissa A. Sherry, Nicholas J. Boyle, Jordan R. Goldberg, and Jeremy L. Brown of Latham & Watkins LLP.

  • CREXi: Elliot R. Peters, Dan E. Jackson, Warren A. Braunig, and Nicholas S. Goldberg of Keker Van Nest & Peters LLP.

  • Amici: Chamber of Progress, represented by Kathleen E. Farley in-house, and Steven P. Lehotsky and Joshua P. Morrow of Lehotsky Keller Cohn LLP; antitrust scholars represented by Cody L. Reaves and Peter L. Hamilton of Torridon Law PLLC and others from Sidley Austin LLP.

Previous Article

Eric Atty Blackmail Suit: Pennsylvania Lawyer Faces Heat Over Debt Collection Tactics

Read More
4355 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Science & Technology July 08, 2026
Alien Life Detection: AI Can Be Tricked
By – Michallie Harrison
America July 08, 2026
Mountain Mike’s Pizza Operator Files for Bankruptcy
By – Rihem Akkouche
America July 08, 2026
Trump Lifts Syria From U.S. Terrorism Sponsor List
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Florida Judge Orders DHS to Restore…

A federal judge in Florida has ordered the U.S. Department…

By – Rihem Akkouche
America July 8, 2026
Trump’s Lawyers Launch Last-Ditch Bid to…

President Trump’s attorneys have mounted a last-minute bid to pause…

By – Rihem Akkouche
America July 8, 2026
ICE Agent Shoots and Kills Mexican…

U.S. Immigration and Customs Enforcement and the FBI are investigating…

By – Rihem Akkouche
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 6, 2026
AI Regulation Debate Intensifies After Peter…

 The global debate over AI Regulation took a dramatic turn…

By – Jackie Allen
America July 5, 2026
California Chaos: Fourth of July Celebrations…

California Chaos unfolded across parts of Southern California during the…

By – Jackie Allen
America July 5, 2026
Paul Pelosi Faces Charge After Alleged…

Paul Pelosi, the husband of former House Speaker Nancy Pelosi,…

By – Jackie Allen
America July 4, 2026
Man Killed, Three Family Members Injured…

A man was killed and three family members were injured…

By – Rihem Akkouche
America July 4, 2026
Three Dead, Seven Rescued After Boat…

Three people died and seven others were rescued Friday after…

By – Rihem Akkouche
America July 3, 2026
Mars Rover Images Lead to Debates…

A new Mars Rover image captured by NASA’s Curiosity mission…

By – Jackie Allen
America July 3, 2026
16 Children Rescued From Ohio Home…

16 Children have been rescued from what Ohio authorities describe…

By – Jackie Allen
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
America July 2, 2026
JonBenét Ramsey Case Returns to Spotlight…

JonBenét Ramsey is once again making headlines as Netflix prepares…

By – Jackie Allen
America July 1, 2026
NASA Opportunity Rover Image of Strange…

The NASA Opportunity Rover has once again sparked fascination after…

By – Jackie Allen
America June 30, 2026
Reflecting Pool Becomes Political as Biden…

The Reflecting Pool at the Lincoln Memorial has become the…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Arizona July 2, 2026
The Nancy Guthrie Mystery Deepens As…

The search for 84-year-old Nancy Guthrie continues to command national…

By – Tyler Brooks
America June 30, 2026
Reflecting Pool Becomes Political as Biden…

The Reflecting Pool at the Lincoln Memorial has become the…

By – Jackie Allen
Arizona June 30, 2026
What the Upcoming Supreme Court Ruling…

The landscape of American democracy is bracing for a major…

By – Tyler Brooks
America June 29, 2026
U.S. Holiday Week Heatwave is Here;…

If you’re out of sunblock, it’s time to stock up.…

By – Macie LaCau
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
America July 3, 2026
Taylor Swift and Travis Kelce’s Star-Studded…

Taylor Swift and Travis Kelce’s highly anticipated wedding is finally…

By – Rihem Akkouche
America July 3, 2026
Federal Judge Sends Bad Bunny Reggaeton…

INSIDE THIS REPORT A federal judge denied summary judgment to…

By – Samuel Lopez
America July 3, 2026
Mike Rowe Sues Discovery for $2…

Inside This Report Mike Rowe is suing Discovery, claiming the…

By – Samuel Lopez
America July 3, 2026
7-Eleven Sues Nike Over Alleged Air…

INSIDE THIS REPORT Nike faces a federal trademark lawsuit over…

By – Samuel Lopez
America July 3, 2026
Avi Loeb’s UAP Council Promises Proof—But…

Inside This Report Unresolved UAP cases are not proof of…

By – Samuel Lopez
Business July 3, 2026
Matthias Bernard, Sofitel GM, Sued in…

A federal-and-state, seven-figure premises-liability action names the Sofitel Barcelona Skipper…

By – Rochdi Rais
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
Health June 25, 2026
Temperatures in France were higher than…

The images coming out of Europe this week are nothing…

By – Tyler Brooks
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen
America June 22, 2026
Lionel Messi, at 39, Shatters All-Time…

Lionel Messi has done it again. The Argentine superstar etched…

By – Rihem Akkouche

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter