In court, Judge Donato said in part, "These are luxury goods. There are people who want Birkins. This is a highly consumer choice-driven market."
Judge Donato went on to say, "You're going to have to spell out how competition is being affected adversely." He also added that Hermes can run its business any way it wants, including producing five Birkins a year and charging millions of dollars for them.
He suggested the business model is pro-competition because anyone who doesn't want to play along can purchase luxury bags elsewhere.
The lawsuit alleges Hermes was tying the purchase of its popular Birkin bags to the purchase of other ancillary products, like belts or scarves.
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