Birkin Bag Shoppers Expand Hermès Antitrust Case: Legal experts weigh in

Originally filed on March 19, 2024, by plaintiffs Tina Cavalleri and Mark Glinoga, the lawsuit alleges that Hermès breaches federal antitrust and state unfair competition laws by enforcing a “sufficient purchase history” prerequisite.

This means buyers need to have substantial past purchases of ancillary Hermès products such as shoes, scarves, and jewelry to access a Birkin bag, a practice the plaintiffs denounce as tying—a potentially anti-competitive tactic.

The controversy centers on the exclusivity and scarcity tactics used by Hermès, which have caused significant uproar among luxury shoppers. Reports indicate that barriers extend beyond price, making Birkin bags accessible only to those willing to spend exorbitantly on other items.

Critics argue that such a practice unfairly disadvantages certain consumers and curtails equitable access to these high-end products. Others say if someone wants to buy a Hermès Birkin bag, they can purchase one from a pre-loved or reseller site such as SACLÀB, The RealReal, Rebag, or Fashionphile…