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It's not really accurate to say DeBeers "was taken to court and lost." A settlement is not a judgment. From the class action Web site:

"The courts where the lawsuits were filed have not made any determinations regarding whether the Defendants have done anything wrong. If the lawsuits are settled, the Court will not rule on any of Plaintiffs' claims or on Defendants’ defenses to those claims, and the lawsuits will be dismissed. This means the Class Members may not sue any Defendant ever again about any past, present or future claims based on or related to the conduct covered by the lawsuits."

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