The plaintiffs’ lawyer said that Hermes’ sales practices amount to “quintessential anticompetitive conduct”
Published Thu, Feb 19, 2026 · 07:16 AM
[WASHINGTON] A trio of Hermes shoppers has asked a US appeals court to reinstate their lawsuit accusing the French luxury house of illegally forcing buyers to spend thousands of dollars on its products before they can purchase one of the fashion brand’s famed Birkin handbags.
The consumers in a court filing on Tuesday told the San Francisco-based 9th US Circuit Court of Appeals that a lower judge applied the wrong legal standard in dismissing the proposed class action last year.
The plaintiffs said they “plausibly alleged that Hermes conditions access to the Birkin handbag, its most iconic product, on the purchase of ancillary Hermes products that customers do not want or would prefer to buy from competitors.”
They said the alleged “tying” arrangement, where the sale of a Birkin handbag is contingent on shoppers purchasing other Hermes items, violates federal antitrust law.
Hermes did not immediately respond to a request for comment.
Glenn Danas, a lawyer for the plaintiffs, said in a statement that Hermes’ sales practices for Birkin handbags amount to “quintessential anticompetitive conduct” and that they looked forward to presenting their appeal.
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US District Judge James Donato in San Francisco dismissed the case in September, siding with Hermes. The company had argued that sales of Birkin bags, which are handmade and can cost thousands of dollars, take place in a competitive market.
Donato told lawyers for the plaintiffs at a 2024 hearing that if Hermes “chooses to make five Birkin bags a year and charge a million to them, it can do that.”
The consumers in their 9th Circuit filing faulted Donato for rejecting their definition of the market for elite luxury handbags in the United States, which was a threshold issue for the case.
They also said Donato applied an overly stringent antitrust standard that demanded greater specificity and proof than what should have been required at an early stage of the litigation. REUTERS
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