Judge James Donato emphasized that Hermes operates its business as it sees fit, and consumer claims related to access to Birkin bags raise no antitrust issues. He stated, "If it chooses to make five Birkin bags a year and charge a million to them, it can do that. The fact that a lot of your clients may not be able to get a Birkin bag is not a Hermes antitrust problem." This reflects a clear view on luxury brands' market practices.
In the ongoing legal battle, consumers argue that Hermes’ practice of requiring a 'purchase history' to buy a Birkin bag constitutes antitrust violations. However, Donato remains doubtful of the merit behind these claims: "If Hermes is going to make you pay a fortune for their bag, they are leaving the ground open for every competitor... you don't have to buy $3,000 or $30,000 worth of belts." This suggests a competitive landscape available to other luxury brands.
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