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Estate agents fear Rightmove retaliation in £1.6bn class action

Financial Times Companies •
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Estate agents fear retaliation from Rightmove if they testify in a proposed £1.6bn class action, the Competition Appeal Tribunal heard.

Lawyers for claimants said a “significant number” of the roughly 7,200 agents approached worry about “adverse commercial consequences” because they depend on Rightmove’s “must‑have” platform. Jeremy Newman, a former CMA panel member, seeks to represent them on an “opt‑out” basis, arguing an “opt‑in” process would be impractical due to retaliation fears.

Rightmove denies any threat, calling agents “partners” and saying retaliation would be “shooting itself in the foot.” Its counsel, Rob Williams KC, challenged Newman’s hearsay evidence and requested disclosure of communications with agents, while Newman agreed to provide redacted documents.

The case, funded by Innsworth Advisors (Elliott’s litigation arm), alleges Rightmove charges “excessive and unfair” listing fees, generating the widest profit margins in the FTSE 100. Rightmove says the claim is “without merit” and will defend vigorously.