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U.S.
Class-Action Lawsuit Against De Beers Gains Ground
Rapaport:August
9, 2001
The U.S. District Court of New York has ruled that De Beers has violated a number U.S. antitrust laws from April 1995 through April 2001 and has requested recommendations for class certifications and damages. The decision responds to a class-action antitrust suit filed against De Beers by three New York diamond dealers who purchased diamonds from De Beers sightholders, The suit, filed on April 13 alleges that De Beers unlawfully "controlled the supply and managed the prices of diamonds in the United States" and "ostensibly moved out of the United States to avoid prosecution by the United States Department of Justice."
De Beers is being charged with violation of federal and state antitrust laws, including section 16 of the Clayton Act, sections one and two of the Sherman Act, The Wilson Tariff Act, the Donnelly Act and state and federal common law. The defendants charge that De Beers caused them to overpay for goods described in the complaint.
The suit contends that "De Beers has entered many collusive agreements and undertaken many collusive acts with its partners. This includes agreements made in acts undertaken with numerous De Beers partners that are U.S. citizens or that do substantial business here."
The
suit was filed in the United States District Court, Southern District of New York,
by Andrew Leider of Brooklyn, and George Vuoso and Robert Hallowell, both from
New York City. The defendants named in the suit are Gary Ralfe, anaging director,
De Beers; Nick Oppenheimer, chairman, De Beers; De Beers Centenary AG and De Beers
Consolidated Mines Ltd.