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Antitrust On The Runway: Critical Analysis Of FTC’s Blocking Of Tapestry-Capri Merger




Prakriti Dutta, Symbiosis Law School, Pune

Vaishnavi, Symbiosis Law School, Pune


Introduction


In August 2023, Tapestry Inc., the parent of Coach, Kate Spade, and Stuart Weitzman, announced its bid for Michael Kors, Versace, and Jimmy Choo owner Capri Holdings Ltd. for $8.5 billion. The move was designed to create a U.S.-based luxury conglomerate capable of competing with Europe’s LVMH and Kering giants. But the proposed merger between these two entities was opposed by the Federal Trade Commission (“FTC”) on the ground that the merger would hinder fair competition within the “accessible luxury handbag” market in future. In April 2024, the FTC brought a suit to block the merger, and in October 2024 the Southern District of New York granted a preliminary injunction to the regulator.


With slim prospects of success on appeal, Tapestry and Capri terminated the agreement in November 2024. This case is one of the most significant antitrust actions involving the fashion industry in years and provides a useful insight into looking at how traditional antitrust concepts have been applied in a brand-sensitive industry.


This research article analyses the legal, economic, and comparative aspects of the FTC’s intervention. It critiques the legal rationale followed by the court, examines the precedents drawn upon, and analyses the implications of this decision for the luxury fashion market. It also includes a comparative overview of the way in which such a similar merger could have been dealt with under Indian competition law. In so doing, the paper takes on the voice of an antitrust enforcement legal researcher who aims to critically analyse a significant case study in antitrust enforcement.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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