In support of their claims, plaintiffs point to the terms of franchise agreements between various defendants, anti-rebate regulations, and refusals to deal. “[V]arious Defendants have enforced their price fixing agreement by boycotting price-cutting rivals, such as Help-U-Sell. . . . It is being boycotted because it charges its customers a reduced fixed fee, rather than the standard percentage commission.”
Toward the end of 2008, the court certified plaintiffs’ proposed class:
All persons who paid a commission to Defendants and/or their affiliates listed in Exhibit A (Docket #242) in connection with the sale of residential real estate (excluding initial sales of newly constructed homes) located in the Commonwealth of Kentucky during the period from October 11, 2001 to October 11, 2005. This class excludes governmental entities, Defendants, their parents, subsidiaries, affiliates, and employees of Defendant or their affiliates.