Sullivan v. DB Investments Inc., Nos. 08-2784, etc.; Third Circuit; opinion by Jordan, U.S.C.J.; concurrence by Rendell, U.S.C.J.; decided July 13, 2010. Before Judges Rendell, Jordan and Ambrose, District Judge, sitting by designation. On appeal from the District of New Jersey. [Sat below: Judge Chesler.] DDS No. 59-8-8653 [75 pp.]
For more than 100 years, De Beers S.A. and other entities within the De Beers family of companies (collectively, De Beers) have fixed prices in the wholesale market for gem-quality diamonds through a web of pricing and output-purchase agreements with competitors. In the late 1990s, De Beers’ market power began to wane as new suppliers entered the market and competitors refused to cooperate with De Beers’ pricing efforts.
