Skip to content

Our Privacy Statement & Cookie Policy

All Thomson Reuters websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.

Risk and Fraud

Beyond the main product: How ancillary products impact insurance and retail industries

· 5 minute read

· 5 minute read

The price of exclusivity: Ancillary sales and legal challenges in a luxury giant lawsuit

← Blog home

Jump to ↓

Understanding the Hermes Birkin bag antitrust lawsuit 

What are ancillary products?

The role of ancillary products in the retail industry

Implications of ancillary products for insurance companies and retailers 

The impact of ancillary products for consumers and the markets

 

Understanding the Hermes Birkin bag antitrust lawsuit 

In recent legal developments, U.S. consumers have taken a stand against luxury fashion giant Hermes by filing an antitrust lawsuit.  On Friday, the three plaintiffs from California submitted their third legal complaint, introducing additional allegations and details. This action followed Hermes’ request to the federal court in San Francisco to dismiss the highly scrutinized Hermes antitrust lawsuit. The case centers on allegations that Hermes has been engaging in unfair business practices by forcing buyers to purchase ancillary products before allowing them to buy one of their coveted Birkin bags. 

What are ancillary products?

Ancillary products are additional goods or services that differ from or enhance a company’s primary offerings, creating new revenue streams beyond the core products. This revenue is crucial for diversifying income sources and fostering growth by tapping into new markets. For instance, gas stations have seen significant revenue from snacks and beverages, sometimes exceeding gasoline sales.  

  • In banking, ancillary revenue comes from services like wealth management and equipment leasing.  
  • Technology companies like Apple generate additional income from wearables and services like iTunes, which complement their main hardware products. 
  • In the retail and insurance sectors, the concept of ancillary products plays a pivotal role in business strategies and consumer interactions. Ancillary products are additional items or services related to, but not essential to, a primary product’s function. These products often serve as supplementary goods that companies encourage or require customers to purchase alongside a more desirable item. 

The role of ancillary products in the retail industry

Retailers frequently use ancillary products to enhance consumer offerings and drive additional revenue. This strategy can involve artificial scarcity, where a company limits the availability of a highly sought-after product to create a perception of exclusivity and high demand. By tying the purchase of ancillary products to the ability to buy scarce items, retailers can boost sales of less popular items while maintaining the allure and status of the primary product. This approach not only manipulates consumer behavior by leveraging the desire for the scarce item to drive sales of other products but also raises questions about the fairness and legality of such practices. 

Implications of ancillary products for insurance companies and retailers 

For insurance companies, the integration of ancillary products can lead to new avenues for coverage options and premiums. Many insurance agents explore selling ancillary products to increase the engagement of their loyal clients and boost their revenues. Insurance firms must adhere to various regulatory standards tailored to their specific products. The National Association of Insurance Commissioners (NAIC) offers consistent regulatory advice across the industry. Nonetheless, under the McCarran-Ferguson Act, each state can enforce these guidelines as it sees fit. So, insurance companies must know their regulatory framework.  However, requiring these additional purchases can also raise ethical and legal questions, mainly if it borders on coercive or manipulative sales tactics. 

In the context of antitrust laws, as seen in the Hermes antitrust lawsuit against luxury fashion giant Hermes, the requirement to purchase ancillary products can limit consumer choice and stifle competition. This has significant implications for retailers, who must navigate the fine line between innovative sales strategies and the risk of antitrust violations. 

The impact of ancillary products for consumers and the market

What can we learn from the Hermes antitrust lawsuit? There is an ongoing tension between consumer rights and business practices in the luxury goods market. The Hermes antitrust lawsuit raises important questions about how companies can control their customers’ purchasing decisions through product tying and other sales strategies. 

As the case progresses, it will be crucial to monitor how the court interprets these issues in the context of antitrust laws and consumer rights. This could set a precedent for how similar cases are handled, potentially leading to more stringent regulations on sales practices in the luxury sector. 

Conclusion

As seen in the Hermes antitrust lawsuit, the strategic use of ancillary products is a double-edged sword for businesses in the retail and insurance industries. While it can enhance customer satisfaction and increase sales, it also poses legal risks and ethical challenges. Companies must carefully consider their policies on ancillary products to ensure they remain within legal boundaries and maintain consumer trust.  

 


Thomson Reuters is not a consumer reporting agency and none of its services or the data contained therein constitute a ‘consumer report’ as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec. 1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing a consumer’s eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.

 

More answers