Kimberlie Chu 朱綽盈
INTRODUCTION
In March 2024, two Californian customers filed a class action lawsuit against Hermès International (“Hermès”) in the U.S. District Court for the Northern District of California.[1] The plaintiffs alleged that Hermès violated antitrust laws by requiring customers to establish a purchase history before becoming eligible to buy its iconic Birkin handbags.[2] This “pay-to-play” or tie-in sales tactic has drawn widespread criticism for compelling consumers to make unnecessary purchases. While the litigation unfolds in the U.S., it raises critical questions about how similar claims would be adjudicated under China’s Anti-Monopoly Law (“AML”).
This article argues that private litigants in China would encounter formidable challenges in bringing a case like Hermès, exposing a critical gap in … Read the rest