Such is the allure of the Hermès Birkin bag, two women in California have filed an anti-trust lawsuit claiming that the barriers to purchasing one are too high. 

The customers say that they were told that they would only be allowed to purchase a Birkin bag, if they first purchased other Hermès items and accessories, a practice which they claim is an “illegal tying arrangement” that violates US antitrust law. According to the complaint, Hermès sales associates are asked by the luxury brand to offer the Birkin bags to customers who have a long-standing relationship with the brand and who have purchased other products, such as shoes, scarves and jewelry.

“Most consumers will never be shown a Birkin handbag at Hermès retail store,” the lawsuit says. “Typically, only those consumers who are deemed worthy of purchasing a Birkin handbag will be shown a Birkin handbag (in a private room).”

In the fast-paced world of fashion trends, The Birkin bag, named after sixties fashion icon Jane Birkin, has remained perennially fashionable and has achieved the elusive goal of never going out of style. It’s an achievement that few others, with perhaps the exception of Chanel, have managed to attain, and its appeal lies, not only in the bag’s carefully crafted leather and perfect seams, but its exclusivity. 

It seems unlikely the lawsuit will be successful. Preferential treatment for certain customers is not uncommon, particularly in the luxury sector, and it is difficult to see how it violates antitrust law. Perhaps, if the product in question was a necessity, such as medicine, the argument might carry more weight but one can hardly claim that anyone needs a luxury, $10,000 handbag and, if they did, there is the option of purchasing it on the resale market, albeit at a higher price. More to come on this one!