Judge Orders Zillow and Redfin to Hand Over Executive Communications in $100M Rental Listing Antitrust Case

What the Court Ordered

Judge William Porter ordered Zillow and Redfin to comply with document production requests from the Federal Trade Commission and attorneys general from Virginia, Arizona, New York, Connecticut, and Washington, according to reporting by HousingWire.

The order covers a broad range of internal communications. Specifically, Judge Porter directed the companies to turn over communications between Zillow CEO Jeremy Waksman and former Redfin CEO Glenn Kelman, as well as communications involving Zillow executives Rich Barton and Lloyd Frink with Redfin representatives about the agreement.

The order also requires communications between Zillow General Counsel Brad Owens and Redfin's general counsel, and notably any communications between Owens and "any representative of any other internet listing service." That last clause suggests regulators are looking beyond just the two defendants.

In addition, Zillow must produce personal notes written by Waksman, Barton, and Frink about the agreement, plus signed declarations from Waksman, Barton, Frink, Arnaud Berube, and Matt Smith. The declarations must address their roles in the deal and whether they are aware of additional related documents.

The Underlying Allegation

The FTC and the five state attorneys general argue the $100 million syndication agreement amounted to Zillow paying Redfin to stop competing in the multifamily rental listing space. The suits were originally filed separately in late September 2025 and consolidated in late November 2025.

The government's theory is straightforward: a dominant platform hands a smaller competitor $100 million, and the smaller competitor walks away from the market. If proven, that is a textbook antitrust violation. Market allocation through payment rather than competition is illegal under antitrust law.

The Defendants' Position

Zillow and Redfin filed a motion to dismiss the lawsuit in mid-January 2026. A hearing on that motion is scheduled for February 25. The companies' central argument, implicit in the motion to dismiss, is that the deal was a legitimate commercial partnership, not a scheme to eliminate competition. Syndication agreements, where one platform pays another to distribute its listings, are common in the real estate industry. The defendants would likely argue that Redfin receiving compensation for routing rental listings through Zillow's platform is not inherently anticompetitive.

Regulators will have to determine whether the $100 million figure, combined with Redfin's subsequent pullback from multifamily listings, reflects market reality or market manipulation.

Where Discovery Stands

Zillow had objected to portions of the FTC's document requests in a mid-January 2026 status report, though both sides indicated they were working toward agreement. By late last month, the two companies reported producing more than 500 documents combined. Judge Porter's order accelerates that process and removes the ambiguity about what must be handed over.

Neither Zillow nor Redfin returned HousingWire's request for comment on the ruling.

What Comes Next

Discovery is proceeding in parallel with the motion to dismiss, with a hearing on that motion scheduled for February 25. If Judge Porter ultimately denies the motion, the case moves deeper into litigation and the document production ordered this week becomes central to both sides' arguments. If the motion is granted, the entire case could collapse before trial.

The inclusion of communications with "any representative of any other internet listing service" in the production order is worth noting. It leaves open whether regulators believe the competitive harm extends beyond Zillow and Redfin to the broader online real estate listing market.