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  • 2/22/24: CoStar's Hotel Data Subsidiary, STR, Entangled in New Antitrust Lawsuit

2/22/24: CoStar's Hotel Data Subsidiary, STR, Entangled in New Antitrust Lawsuit

Defining the future of real estate

Propmodo Daily

By Franco Faraudo · Feb. 22, 2024

Greetings!

2024 is shaping up to be the year that lawsuits changed the real estate industry. Besides the bombshell commission split lawsuits that have put the residential real estate industry on its back foot, there have been plenty of others. RealPage and Yardi have both been hit with antitrust lawsuits for their pricing tools. Now, CoStar’s hotel data subsidiary STR is facing the same scrutiny. We read through the brief of this new case, so you don’t have to.

Also, indoor air quality became a major priority for building owners and operators during the pandemic as they aimed to bring workers back to the office safely. Now that the worst of the pandemic is behind us, we explore the evolving factors driving interest in indoor air quality.

Now, let's dig in!

CoStar's Hotel Data Subsidiary, STR, Entangled in New Antitrust Lawsuit

Can a pricing algorithm constitute anti-competitive behavior? This question is central to a series of lawsuits nationwide. The initial legal actions targeted RealPage, alleging that its YieldStar pricing software, which calculates rental prices using data from competitors, breached The Sherman Act. Subsequently, a law firm that filed the first lawsuit brought a similar case against Yardi for its pricing tool.

Now STR, the hotel data company bought by CoStar for $450 million in 2019, is being sued under the same pretense. The lawsuit claims that the prevalence of STR in the industry, the forward-looking pricing advice it provides, and the “give-to-get” nature of the service all make it and its users guilty of monopolistic practices.

The plaintiffs compiled some data to help them make their case. They collected data from 6,000 hotels in the U.S. and found that using STR resulted in “an average overcharge of at least 4.3% for Hotel Operators’ five-star hotels, after accounting for hotel characteristics, location, and quality.”

Much like the RealPage and Yardi lawsuits, the plaintiff’s attorneys are using the company’s own statements in earnings calls and sales documentation against them. “As of late 2019, Andrew Florance stated that the ‘second largest competitor is probably one-fortieth the size, maybe 2 to 3% the size,’” the brief states.

It also uses Florance’s words to allege STR is making statements about how it suggests pricing rather than just conveying data. It reads, “Andrew Florance, CEO of CoStar, stated that ‘there is clear demand in my mind for the forecasting component of the business where you are gathering forward information and forecasting future demand in the market and future pricing.’”

This lawsuit is more than a minor issue for CoStar. The legal costs could be significant, even for a large company like CoStar. But a bigger concern is the potential impact on its hotel clients. As similar lawsuits become more common, property companies may start to hesitate before using their data services. Property owners are now faced with the task of weighing the benefits of data services, such as pricing, against the growing risk of being involved in an antitrust lawsuit.

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