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Microsoft Private Antitrust Class Actions

  
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.
New York Settlement
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.
North Carolina Settlement
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.
Florida Settlement
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.
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.
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."
Tennessee Settlement
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.
Contact Lieff Cabraser
To contact a Lieff Cabraser attorney on the Microsoft litigation, please click here.

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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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