|
The
European Court of Justice has overruled the European Commission from restricting
diamond giant De Beers from buying rough diamonds from Russia''s Alrosa, which
holds 23 per cent of the world diamond market. The
court ruled that the EC''s ruling to limit business between the two diamond producers
was "clearly disproportionate," and added there was no evidence to show
that the two companies together held a "dominant position" in the EU
market that could have justified the restraints it sought to impose on the company. "The
decision produces effects which are disproportionate in the light of the objective
pursued by Article 82 EC of maintaining undistorted competition. It completely
rules out the possibility previously open to Alrosa of entering into a contractual
relationship with De Beers," the court said. The
EC claimed that De Beers held an unchallenged position on the diamond market and
it assumed legally binding commitments to stop buying rough diamonds from Alrosa,
a ruling that Alrosa challenged at the Luxembourg-based court, saying the case
lacked merit. Following
the European Commission''s decision, Alrosa and De Beers signed a memorandum on
supplying rough diamonds in 2006-08, gradually phasing out De Beers'' purchases.
Under the agreement,
De Beers was to purchase €500 million worth of rough diamonds from Alrosa
in 2006, €420 million in 2007 and €340 million in 2008. De
Beers controls about 60 per cent of the world''s rough diamond supplies and produces
43 per cent of world output. De
Beers faced fines of up to 10 per cent of its total turnover if it failed to adhere
to the EU antitrust agreement.
|