Buyers sue Hermes for ‘unfair’ sales of Birkin bags

Two California residents, Tina Cavalleri and Mark Glinoga, filed a lawsuit in San Francisco against the French company Hermes, accusing it of violating antitrust laws and unfair business practices (.pdf). The plaintiffs claim that Hermès deprives ordinary consumers of the opportunity to buy Birkin bags by selecting only “deserving customers.” A customer’s “worth” is determined by their alleged “shopping history at Hermes,” and this history must be impressive.

According to Ms. Cavalleri, in September 2022, she went to one of the Hermes stores in the United States to buy a Birkin bag. In response, she was told that such bags “can be purchased by those customers who consistently support the business” of the company. According to Mr. Glinoga, he repeatedly tried to buy a Birkin bag, but was allegedly told each time that he “must buy other items and accessories.”

The plaintiffs claim that the company’s policy is to force those who want to buy Birkin bags to make other purchases, and this “violates the rules of competition.” This practice, the lawsuit says, allows Hermès to raise prices on Birkin bags and increase profits from their sales. Prices start at $10 thousand in stores and go up to $450 thousand when sold at auctions.

The company itself does not comment on the filed lawsuit, but it has not previously denied information that it holds Birkin bags for special clients. According to CNN citing the opinion of lawyers specializing in this type of cases, this case will not be easy to win. However, even if the plaintiffs lose, such a lawsuit could well damage the image of Hermes.

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Alena Miklashevskaya