NEW YORK, Sept 9 (Reuters) - The U.S. Federal Trade
Commission urged a federal judge in New York to block Tapestry's
$8.5 billion merger with rival handbag maker Capri
Holdings ( CPRI ) at a trial on Monday, arguing it will
eliminate fierce competition in the market for "accessible
luxury."
The FTC argues the merger announced in August 2023 would
eliminate head-to-head competition between Tapestry's Coach and
Kate Spade brands and Capri's Michael Kors' brands, which has
resulted in better prices, discounts and promotions for
consumers and wages and workplace benefits for employees.
The deal would also give Tapestry a dominant share of the
"accessible luxury" handbag market, controlling over 50% of it
once the deal is completed. The regulator defined the
"accessible luxury" market as handbags sold between $100 and
below $1,000, which forms most of Coach and Kors' lines.
FTC Chief Trial Counsel Nicole Lindquist told U.S.
District Judge Jennifer Rochon in a packed courtroom that the
brunt of a merger would be borne by "the working and middle
class women of America."
In its questioning of Capri CEO John Idol, the FTC
showed evidence of emails between Idol and his deputies,
including Jaryn Bloom, president of North America retail for
Capri's Michael Kors brand, asking how Coach's outlets were
keeping prices down.
"Look at these prices!" Idol wrote in the emails, urging
his deputies to come up with better designs and solutions to
compete against Coach. In another email produced by the FTC,
Idol asks to talk to a deputy about the design of a Coach
handbag.
"They monitor and react to each other's every move,"
said Lindquist, the FTC lawyer.
Tapestry, in response, argues that the U.S. handbag
market is highly fragmented and competitive with low barriers
to entry and fickle consumer tastes. It also said FTC's analysis
misunderstands the handbag marketplace and the way consumers
shop and that "accessible luxury" is a notional concept.
Tapestry lawyer Lawrence Buterman said the FTC's
argument is divorced from the commercial reality of the handbag
market where customers are inundated with choice.
"The commercial reality is that customers have a Gucci
bag lined up next to a Kors bag, lined up next to a Calvin Klein
bag," he said.
A lawyer for Capri later told the court that Kors had
been losing relevance with shoppers since it peaked in 2016 and
that growing competition drove the average price for a Kors
handbag to $92, below the FTC's threshold of accessible luxury.
The FTC has sued to block several mergers over the past
year, making for a busy schedule.
The antitrust regulator is currently fighting to block
supermarket chain Kroger's ( KR ) acquisition of Albertsons ( ACI )
in a federal court in Portland, Oregon and has also sued
to block the $4 billion acquisition of Mattress Firm by mattress
manufacturer Tempur Sealy International ( TPX ).
Monday's trial is expected to last for a week and a half.
The trial follows the merger's approval by antitrust
regulators in Japan and the European Union earlier this year.