Antitrust in Retail: The Meaning of 'Accessible Luxury'

Antitrust attorney David Kully authored an article for Law360 that delves into a Federal Trade Commission (FTC) lawsuit seeking to prevent the acquisition of Capri Holdings by Tapestry Inc. because of anticompetitive concerns. The lawsuit has sparked public skepticism and discussion regarding the FTC's definition of the market, specifically concerning the notion of "accessible luxury" goods, which the FTC asserts as constituting a unique and significant market sector. Mr. Kully observes previous cases where specific product segments were successfully defined, addressing the challenging aspects of proving market consistencies in antitrust cases. Additionally, he underscores the possible obstacles that the FTC could encounter in upholding its concept of an accessible luxury market.

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