
The Competition Appeal Tribunal is hearing arguments this week on whether a £1.5bn class action lawsuit against Rightmove will be brought on an opt-in or opt-out basis for agents.
The case, launched last year by ex-Competition and Markets Authority panel member Jeremy Newman, alleges abuse of monopoly and will go the courtroom this week.
Newman argues that the claim against Rightmove should be industry-wide by default, with uninterested agents able to opt out of the proceedings, saying:
"We look forward to making the case that this claim should proceed on an opt-out basis. Any alternative would be a serious obstacle for small and medium-sized businesses, and few (if any) can justify the time, cost and risk of bringing a claim alone, or of joining an opt-in claim. The result would be fewer businesses compensated and higher legal costs. That helps only Rightmove."
On the other side of the argument, Rightmove says that any claims brought to trial in November should be on an opt-in basis, letting businesses decide whether to participate.
A company statement said:
Rightmove is confident in the value we provide to our partners and consumers, who are at the core of our business solutions and digital platform.
“As one of the most efficient parts of the housing market, we help people across the UK to move home by bringing buyers, sellers, renters, landlords and agents together.
“Our platform continues to provide a growing range of constantly evolving products and features which facilitate market transparency, liquidity and confidence. This claim is without merit, and we will defend it vigorously.