ICLE on CoStar v CRE

An amicus brief signed by several ICLE scholars was cited in a story by Law360 in a story about the case, CoStar v. CRE. You can read the full piece here.

A group of former federal enforcers and academics filed an amicus brief on Monday supporting CoStar Group Inc.in the appeal from Commercial Real Estate Exchange Inc., which is trying to revive antitrust counterclaims in a suit accusing CREXi of “industrial-scale” copyright infringement.

The brief argues that the lower court correctly applied traditional antitrust principles when tossing the claims. It adds that the position advanced by CREXi and the FTC in the appeal threatens to upend those principles.

“The arguments pushed by CREXi and the FTC, if accepted, would open the floodgates to baseless antitrust suits,” Monday’s brief says. “In rejecting these arguments below, the district court properly concluded that CREXi failed to meet its pleading burden for its antitrust counterclaims. This court should affirm.”