A Belgian Court holds that a provision requesting feedback on resale prices does not constitute resale price maintenance (IDH Diamonds / Billiton Diamonds)

Description of the impugned case This case involved two undertakings active in the diamond industry, IDH Diamonds NV (‘IDH') and BHP Billiton Diamonds Belgium NV (‘BHP'). In 1997 they had entered into an agreement under which IDH would become a ‘regular client' of BHP, whose customers for diamonds are divided into different categories. Under the agreement, BHP would offer a specified number of diamonds to IDH for purchase. However, BHP reserved the right to cease its offers to IDH by giving IDH notice three regular sales before it wished to terminate the agreement. In April 2003, BHP had drafted a note listing the criteria it would use to evaluate which of its clients were ‘regular clients'. The agreement between BHP and IDH was signed in June 2003 for an indefinite period, but in August