In April, the FTC sued to block the sale, arguing that these brands dominate what's known as the "accessible luxury" market and that if they combined, consumers would suffer by paying higher prices.
"This has to be the first time the focus of a federal court hearing turned to a $279 Kate Spade tote described as 'colorful, joyful, feminine, green and white seen on Emily in Paris," Senior investigative reporter and correspondent Aaron Katersky said on "Good Morning America," on Tuesday.
Tapestry argues the FTC is ignoring the reality of a marketplace, in which consumers have a lot of choices, suggesting it takes a mere stroll through Bloomingdale's or Macy's to see Gucci, Kors and Calvin Klein bags fighting for attention.
Michael Kors himself testified last month during a hearing, telling the judge there's already plenty of competition for handbags, noting that he learned about one brand when he saw a photo of pop superstar Taylor Swift wearing an Aupen bag similar to those made by Kate Spade.
Kors also testified his handbags have "reached a point of brand fatigue" and a lawyer arguing in favor of the merger said it would revitalize the Michael Kors brand, so consumers have yet another choice. The goal, he said, is to sell more handbags to consumers.
The judge took these arguments under advisement and could rule at any time.