Case Description
Title Data is a joint title plant covering Harris, Chambers, Brazoria, Fort Bend, Galveston, Jefferson, Liberty, Montgomery and Waller counties in Texas. Title Data is owned by several title companies and provides subscriptions to others operating in those counties. Title Data attached extremely restrictive conditions to the title information that it provided to its shareholders and subscribers. For example, they are not allowed to share the information with non-subscribers or non-shareholders who operate in the counties covered by Title Data. Title Data has a significant market position in the provision of title plant services and title company services in the listed counties. The state alleged that the restrictions on sharing of title data were an agreement in restraint of trade that suppressed competition in the relevant market. Title Data also agreed to stop publishing an online list of title companies prohibited from doing business with its customers. Title Data customers who transferred title information to persons or companies on this list risked losing full access to Title Data’s database. Title Data, Inc. also agreed to appoint two independent members to its board of directors and one independent member to the Executive Committee, which supervises daily operations, including ensuring compliance with a new employee training program. The employee training program must provide company employees with general information on recognizing antitrust violations, including bid-rigging and predatory pricing. It also must provide employees with a company contact person to whom they may report noncompliance.
