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Microsoft
Private Antitrust Class Actions
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| Lieff Cabraser Heimann & Bernstein, LLP, is prosecuting
cases against Microsoft Corporation in various state courts
across the country, including Florida, New York, North Carolina,
and Tennessee. |
| In these cases, plaintiffs allege that Microsoft engaged
in anticompetitive conduct and/or violated state deceptive and unfair business
practices statutes to harm competition and monopolize the markets for Intel-compatible,
personal computer operating system software, as well as word processing
and spreadsheet software. Several of the courts in which
the Microsoft class actions are pending have certified class actions, including
California, Florida and Tennessee.
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| On August 1, 2006, the New York Supreme Court granted final approval to a $350 million settlement of an antitrust and consumer fraud class action lawsuit against Microsoft. The suit was brought on behalf of New York businesses and consumers that purchased certain Microsoft software. The settlement makes benefits available to people who used certain Microsoft software in New York during the class period, from May 18, 1994 through December 31, 2004. That software includes, but is not limited to, the Microsoft Windows operating system and Microsoft Word, Excel, and Office. |
| Consumers covered by the settlement can submit claims for up to five software licenses without providing proof of purchase. Businesses with many licenses can submit claims to obtain significant compensation, which may be worth tens or even hundreds of thousands of dollars in vouchers that may be redeemed for cash in connection with the purchase of eligible computer products. The deadline to submit your claim is October 18, 2006. |
| Through a cy pres program, half the unclaimed benefits (worth a maximum of $112.5 million) will be given to needy public schools in New York. Lieff Cabraser serves as Co-lead Counsel. |
| For more information about the New York Microsoft settlement, including how to obtain copies of the Court-ordered notice of settlement, FAQs and claim forms, please visit the official website: http://www.microsoftnysettlement.com. |
| In
August 2004, the court granted final approval to the settlement
reached by the parties. Under the terms of the settlement,
Microsoft will provide up to $89 million to business customers
and consumer customers in the form of vouchers, which may
be redeemed for rebates on the purchase of qualifying hardware
or qualifying software from Microsoft or its competitors. |
| To
read more about the North Carolina settlement, including
the rights of class members to participate in, object to
or opt out of the settlement, and obtain copies of the notice
of settlement, FAQs and claim forms, please visit the official
website: http://www.microsoftproductssettlement.com/northcarolina/home.htm. |
| In
November 2003, Miami Dade Circuit Court Judge Henry H. Harnage
granted final approval to a $202 million settlement of the
private antitrust class action against Microsoft by Florida
businesses and consumers. The settlement constitutes one
of the largest antitrust settlements in Florida history. |
| Under
terms of the deal, Florida consumers and businesses who
purchased Microsoft products between November 16, 1995,
and December 31, 2002, will be able to recoup a portion
of the money they spent. The settlement covers products
such as the Windows operating system and the Office, Word
and Excel software. The payments will be in the form of
cash rebates ranging in value from $5.00 to $12.00. Florida
consumers and businesses who are members of the class must
first complete a claim form. |
| After
submitting a claim form, eligible class members will then
receive a voucher. After they purchase new computer equipment
or software, class members may then submit the voucher for
the cash rebate. Class members who purchased more than one
Microsoft licensed product during the period may combine
their licenses and receive multiple vouchers. The vouchers
may be used for cash rebates for (i) most desktop, laptop,
or tablet computers, or peripheral items including printers
and scanners, made by Microsoft or its competitors; or (ii)
most software used on these computers, including software
made by Microsoft's competitors. |
| If
any portion of the $202 million settlement total goes unclaimed,
half of the value of that portion will be given to Florida's
neediest public schools to buy computer equipment, software,
or professional development services. This equipment --
hardware and software -- need not be Windows PC-based, and
the software may be manufactured by Microsoft or any other
software company. |
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The schools receiving the unclaimed vouchers are
those in which at least half the students are eligible
to receive free or reduced price meals through the
National School Lunch Program. |
| Please
click
here to obtain a voucher claim form in
the Florida Microsoft case. |
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| Commenting
on the settlement, Bill Piotrowski, executive director of
technology and information services for Leon District Schools
in Tallahassee, Florida, said the settlement was "great
news for schools all across Florida." Piotrowski added,
"Given the tough budget environment, the timing is
particularly helpful. This program will provide badly needed
resources for the schools that need it most and help bridge
the digital divide for those students." |
| In June 2004, the Court in the Tennessee action granted
final approval to a $64 million settlement to business customers and consumer
customers in the form of vouchers, which may be redeemed for rebates on the purchase
of qualifying hardware or qualifying software from Microsoft or its competitors. |
| To
read more about the Tennessee settlement, including the
rights of class members to participate in, object to or
opt out of the settlement, and obtain copies of the notice
of settlement, FAQs and claim forms, please visit the official
website: http://www.microsoftproductssettlement.com/tennessee/home.htm. |
| To
contact a Lieff Cabraser attorney on the Microsoft litigation,
please click here. |
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LIEFF
CABRASER HEIMANN & BERNSTEIN, LLP
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| Notice: Lieff
Cabraser attorneys provide legal advice and practice law for clients in
federal district courts throughout the United States and in state courts
where we are licensed to practice. In states in which our lawyers are not
licensed to practice, we have affiliations with local attorneys who serve
as co-counsel with our firm. Please read our disclaimer. |
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Copyright © 2008 Lieff Cabraser Heimann & Bernstein,
LLP
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