ORIGINAL
UNITED STATES OF AMRICA BEFORE THE FEDERA TRAE COMMISSION
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In the Matter of
Docket No. 9320
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JUN - 4 Z007 )
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REALCOMP II LTD., a corporation.
Public
COMPLAINT COUNSEL'S OBJECTIONS TO RESPONDENT REALCOMP II. LTD.'S FINAL EXHIBIT LIST AND FINAL PROPOSED WITNESS LIST
Complaint Counsel hereby identifies its objections to Respondent Realcomp IT, Ltd.'s
("Realcomp") May 15, 2007, Final Exhbit List. Complaint Counsel has no objections to
Realcomp's May 15, 2007 Final Proposed Witness List.
Exhibit Number
Description
Additional Cites to April
Objection(s)
17, 2007
RX9
RX 16 (same as RX 136)
Hearsay
report
Listing of Other Web
sites (RC0862
Authenticity; Relevance; Hearsay
RC0863)
com print-out
Authenticity; Hearsay
RX28
FlatF eeMLS
direct.
referrng to Greater Michigan Realty
RX29
RX81
Press Release: Gar Moody speaks to Realview
MiRealSource Director Meeting Minutes, March 22, 2005
Hearsay
MiOOOOI70: Authenticity; Double
Hearsay
MiOOOO 185-187: Authenticity; Double
Hearsay
- 1
RX82 RX83
Michigan Real Estate Today, MLS Coverage
Authenticity; Hearsay
Google Search Results for Flat Fee MLS Listings
ww.ranking.com Data-Driven Market Search website home page
Authenticity; Relevance
Authenticity; Relevance; Hearsay
RX84
RX85
MiRealSource By-Law Committee Meeting Minutes, March 25, 2004
Mi0000013: Double Hearsay
Authenticity; Relevance; Hearsay Authenticity; Relevance; Hearsay
Authenticity; Hearay
RX86 RX87
RX88
ww.realtyac.com
ww.realestate.ao1.comluy-sell
home/search
ww.metalsoftware.com: ILD (Internet Listing Display) Policy
RX89
Any additional documents received from NAR as a follow up to Respondent Counsel's attempt to reach NAR in response to Declaration of
Maron Hanson
Authenticity; Hearsay.
RX90
RX91
Michigan MLS Surey Analysis of Michigan by Clareity, March 9,2005
Double Hearsay
P. 5: Hearsay; Authenticity; Best i Evidence P.6: Hearsay Authenticity; Hearsay
Real News from MiRealSource,
December 17, 2003
RX92
Michigan Real Estate Today website: MLS Listing Types
Washingtonpost.com website:
RX94
RX95
Authenticity; Relevance; Hearsay
Realestate
G. Stacy Sirmans and David A.
Macphereson, The Value of Housing
Authenticity; Hearsay; hnproper Expert Opinion
Characteristics, National Association of Realtors, December 2003
RX96
Paul E. Carllo, An Empirical TwoSided Equilibrium Search Model of the
Authenticity; Hearsay; hnproper Expert Opinion
Real Estate Market, October 2005
- 2
RX98
Mark Arstrong, "Competition in Two-Sided Markets," University College London Working paper, revised May, 2005
MiRealSource 6- Y ear Statistical
Authenticity; Hearsay
RX99
RX 102
Authenticity; Hearsay; Best Evidence
Analysis 2001-2006
David Evans, "The Antitrst
Economics of
Authenticity; Hearsay
Multi-Sided Platform
Markets," Yale Joural on Regulation
(Sumer 2003), pp. 325-381
RX 111
Benjamin Hermalin and Michael Katz, "Sender or receiver" who should pay to exchange an electronic message?"
Authenticity; Hearsay; Expert Opinion
RA Joural (Autu 2004) pp.
423-448
RX 112
Jean-Charles Rochet and Jean Tirole, "Platform Competition in Two-Sided
Authenticity; Hearsay; Expert Opinion
Market," Joural ofthe European
Economic Association (June 2003), pp. 990-1029
RX 113
Sumar of
Preliminar Issues Data
Authenticity; Hearsay
Authenticity; Hearsay
Protection Task Force RX 114
RX 115
Realtor.com (NAR) website: Quick
Real Estate Statistics
Margaret Guerrn-Calvert, "Vertical Integration as a Threat to Competition: Airline Computer Reservation Systems," in John Kwoka and
Lawrence White, eds., The Antitrst
Authenticity; Hearsay
Revolution, 2nd edition, pp.445-7
RX 116 RX 117
In re: Realcomp Response to Subpoena to NAR
Hearng Before the House Financial
Authenticity; Hearsay
Authenticity; Hearsay; Expert Opinion
Services Subcommittee on Housing and Community Opportunity entitled
~'The Changing Real Estate Market,"
July 25,2006
-3
RX 121
Complaint Counsel's Intial Disclosures Respondent's Intial Disclosures
Internet Analysis Documents
Relevance Relevance
RX 122
RX 123
Authenticity; Hearsay
RX 124
RX 125
MoveInichigan.com Internet Search
Positions
Authenticity; Hearsay
Relevance
Report and Recommendations for the MLS Internet Issues Work Group of the Multiple Listing Issues and Policies
Committee, Januar 28-29,2007
RX 131
Representative Listings
Authenticity; Hearsay Authenticity; Double Hearsay Authenticity; Hearsay
Authenticity; Relevance; Hearsay
RX 132
RX 133
Detroit News Aricle, October 6,2005
Varous Internet Searches -1
RX 136 (same as RX 16)
RX 138
Varous Internet Searches-2 (RC0862 RC0863)
Press Release, August 9, 2004: Miami, Detroit Top List of America's "Most Independent Cities for Home Sellers"
Authenticity; Hearsay
i .
RX 150
RX 160
RX 161
Homescape Sales Sumit October 26 27,2005
Realcomp Online New Search Screen Policy
Supplemental Expert Report of Dr.
Authenticity; Hearsay
Authenticity; Hearsay
Hearsay
David M. Eisenstadt to be submitted on or before May 31,2007, together with all attachments and data
CX 133
Expert Report of Dr. David M. Eisenstadt with attachments
Hearsay
CX 134
Regression Analysis of Days on Market, EA v ER TS prepared by Dr. David M. Eisenstadt
Hearsay
- 4
Respectfully submitted,
Sean Gates Peggy Bayer Femenella
~~r~
Joel Chrstie
Linda Holleran
Chrstopher Renner
Counsel Supporting the Complaint
Bureau of Competition Federal Trade Commission 601 New Jersey Avenue, NW Washington, D.C., 20580 sgates(fftc.gov (202) 326-3711 Facsimile: (202) 326-3496
Dated: June 4, 2007
-5
CERTIFICATE OF SERVICE
This is to certify that on June 4,2007, I caused a copy ofthe attached Complaint
Counsel's Objections to Respondent Realcomp II, Ltd's Final Exhibit List and Final Proposed
Witness List, to be served upon the following persons:
by hand delivery to:
The Honorable Stephen J. McGuire
Chief Administrative Law Judge
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
and by electronic transmission and overnight courierto:
Scott Mandel, Esq.
Foster, Swift, Collins & Smith P .C.
313 South
Washington Square
Lansing, MI 48933-2193