NEW YORK, Sept 30 (Reuters) - The U.S. anti-trust trial
over the $8.5 billion bid by luxury goods maker Tapestry
to buy Capri concluded on Monday, with Tapestry lawyers
citing an "intensely competitive" handbag market in defending
against claims that consumers would face higher prices.
At the New York trial, the U.S. Federal Trade Commission
sought to prove in its closing arguments that the deal to bring
six brands - Tapestry's Coach, Kate Spade, and Stuart Weitzman
with Capri's Versace, Jimmy Choo, and Michael Kors - into a
single company would leave shoppers with fewer, more expensive
handbags than if the companies were separate.
FTC counsel Abby Dennis tried to draw parallels between the
multiple transportation methods to get to Washington D.C. from
New York - such as buses, trains, planes and even helicopters -
but how difficult it is for consumers to interchange between
those options because of price limitations. She said Americans
face the same challenges with handbags.
A U.S. federal judge will decide whether to block the merger
that was announced in August 2023, or allow it to proceed. A
decision could be expected anywhere between three weeks to three
months, according to Tapestry.
"The judge... has an avalanche of material thrown at her and
needs some time to think through it. You cannot say this one is
in the bag for either of the parties," said James Weingarten, a
former FTC chief trial counsel, who now works in Washington D.C.
at law firm Milbank.
Over seven days of evidentiary proceedings, lawyers for both
sides spent considerable time focused on defining the so-called
"accessible luxury" marketplace. While the FTC relied on an
expert witness, economist Loren Smith, to evaluate the market,
lawyers for Tapestry poked holes in the financial modeling and
methodology used to define the market. Tapestry's lead counsel
Lawrence Buterman on Monday requested the judge completely
disregard the analysis.
"The FTC can't meet their burden under any standard,"
Buterman said in closing, asking the judge to allow the merger
to proceed.