The Commission issued an administrative complaint charging Realcomp with violating Section 5 of the FTC Act by prohibiting information on Exclusive Agency (EA) Listings and other forms of nontraditional listings from being transmitted from the multiple listing service (MLS) it maintains to public real estate web sites. The complaint further alleged that the conduct was collusive and exclusionary, because the brokers enacting the rules were essentially agreeing among themselves how to compete with one another, and were withholding the valuable benefits of the MLS from nontraditional real estate brokers. Commission staff appealed the ALJ’s initial decision of December 13, 2007 dismissing the complaint.
On November 2, 2009 the Commission issued an Opinion finding that Realcomp II had violated federal law. Following an appeal by RealComp, the United States Court of Appeals for the Sixth Circuit upheld the FTC order. On August 15, 2011 Realcomp appealed to the Supreme Court. On October 11, 2011 the Supreme Court denied Realcomp's petition for CERT.