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Two plaintiffs have accused French luxury brand Hermes of being too exclusive and exploiting the “incredible market power” they own.

The complaint was filed against Hermes in a Northern California district court.

The lawsuit states that Hermes drives up the price of their famous Birkin bag and thereby increases their own profits. This results in an “illegal tying arrangement” that violates United States antitrust law.

It’s not a secret that you can’t just simply go out and buy a Birkin or Kelly bag. These famous bags are usually sold out and only offered to clients who have a purchasing history with the brand.

Getting your hands on one of these bags has become such a mystery that several TikTok videos feature social media content creators offering tips on how to get your hands on a Birkin or Kelly bag.

A spokesperson for Hermes was quoted last year as saying the luxury brand “strictly prohibits any sale of certain products as a condition to the purchase of others”.

CNN reports that the brand’s retail experience varies from city to city. Some bags are allocated via waitlists, others are offered at the sales associate’s discretion. Others are reportedly offered on a first-come-first-serve basis.”

Image credit: Sotheby’s

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