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Defining Boundaries: Untangling The Puzzle Of Market Definition In The Fashion World




Tanya Narang, B.Com. LL.B. (Hons.), O.P. Jindal Global University, Sonipat

Vrinda Yadav, B.Com. LL.B. (Hons.), O.P. Jindal Global University, Sonipat


ABSTRACT


Increased antitrust scrutiny has become the fashion industry’s latest trend, as regulators focus on the sector’s competitive practices. Brands are fiercely competing for consumer loyalty, making the need for a fair and transparent marketplace more critical than ever. Competition law plays a key role in fostering innovation while protecting consumer interests in this rapidly evolving industry.


The intersection of antitrust and fashion law has placed the concept of the "relevant market" under scrutiny. This paper examines the complexities of market definition in fashion law, with particular emphasis on the recent case of FTC v. Tapestry, Inc., which centers on the market for accessible luxury.


Accessible luxury occupies a unique position between high-end luxury and mass-market products. This distinctive positioning challenges traditional antitrust frameworks, which typically rely on product substitutability, geographic scope, and consumer behavior to define market boundaries.


The paper critiques current methodologies for market definition, highlighting their failure to account for intangible factors such as brand perception, emotional appeal, and cultural significance. Through an analysis of recent legal precedents, it identifies shortcomings in judicial interpretations and advocates for a more sophisticated framework that captures the intricate dynamics of the luxury fashion industry.


Keywords: Antitrust, Fashion Law, Relevant Market, Accessible Luxury, Fashion Industry



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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Licensing: 

 

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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