The Notorious POD Ep 19: Prof. Scott Hemphill on Antitrust Issues in Real Estate

I interview Prof. Scott Hemphill, Moses H. Grossman Professor of Law at NYU School of Law and co-director of the Engelberg Center on Innovation Law and Policy. There aren’t many human beings who would be a better expert to speak to regarding the various lawsuits in the real estate industry.

We discuss the various class action lawsuits on commissions (Moehrl, Sitzer, Leeder, etc.) and what the issues are. We discuss REX v. Zillow as well as REX v. Oregon, which deals with the anti-rebate provisions in Oregon. We discuss policy as Prof. Hemphill is actively involved in policy discussions around antitrust, technology, and innovation.

This was one of the most enjoyable and enlightening conversations I’ve ever had, and I thank Prof. Hemphill for his time and insights.


PS: We recorded this before the court dismissed the REX v. Zillow case, but the legal issues we discussed are still relevant.

Ep. 18: Agent Teams, Zillow, Competition with Jeff Sibbach and Phil Sexton

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Bio of Scott Hemphill:

Scott Hemphill is the Moses H. Grossman Professor of Law and co-director of the Engelberg Center on Innovation Law and Policy. He teaches and writes about antitrust and intellectual property.

His research focuses on the law and economics of competition and innovation. His scholarship ranges broadly, from drug patents to digital platforms to the use of trademark law to thwart competition. His recent work examines the anticompetitive acquisition of startups by dominant firms in the technology sector and probes how institutional investors might weaken competition among their portfolio companies.

Hemphill’s scholarship on tactics to delay the marketing of inexpensive generic drugs has been widely cited by the US Supreme Court and other courts. His writing has appeared in leading law reviews and peer-reviewed journals of economics, science, and law, and he has testified before the US Congress about mergers and proposals to incentivize new drug development, among other matters. Major media outlets, including the New York Times, the Wall Street Journal, and NPR, have frequently interviewed him on antitrust and intellectual property topics, including the potential breakup of technology giants such as Facebook.

Hemphill received a PhD in economics and a JD from Stanford, where he was a Nathan Abbott Scholar, graduating first in his law school class. He also holds an AB from Harvard and an MSc in economics from the London School of Economics, where he studied as a Fulbright Scholar. Hemphill clerked for Judge Richard Posner on the US Court of Appeals for the Seventh Circuit and Justice Antonin Scalia on the US Supreme Court. On public service leave from academia, he served as antitrust bureau chief for the New York Attorney General. Hemphill joined NYU from Columbia University, where he was a professor of law. He is a member of the American Law Institute.

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Rob Hahn

Rob Hahn

Managing Partner of 7DS Associates, and the grand poobah of this here blog. Once called "a revolutionary in a really nice suit", people often wonder what I do for a living because I have the temerity to not talk about my clients and my work for clients. Suffice to say that I do strategy work for some of the largest organizations and companies in real estate, as well as some of the smallest startups and agent teams, but usually only on projects that interest me with big implications for reforming this wonderful, crazy, lovable yet frustrating real estate industry of ours.

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