April 30, 2024

Birkin Bag Case Carries Competition Lessons for Retailers

Anna P. Hayes | Bill Katz | Danielle N. Garno

Antitrust attorneys Anna Hayes and Bill Katz, along with fashion law attorney Danielle Garno, co-authored an article featured on Law360 about the potential antitrust implications of a recent class action lawsuit against Hermès over its sales practices for the iconic handbags. The article examines the allegations that Hermès violated federal and California antitrust laws by requiring customers to purchase other products before being allowed to buy the coveted Birkin and Kelly bags. It analyzes the challenges plaintiffs may face in proving the existence of a tying arrangement that decreased competition in the luxury good market for Hermès' other products, as well as considerations for retailers employing similar marketing strategies involving exclusive product access tied to prior purchases or spending thresholds.

Litigation attorney Jennifer Lada also contributed to this article.

READ: Birkin Bag Case Carries Competition Lessons for Retailers (Subscription required)

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