Lawday - real time law

CLASS-ACTION LAWSUIT AGAINST MICROSOFT CERTIFIED

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VANCOUVER – A British Columbia judge has certified a class-action lawsuit against Microsoft that alleges the software giant engaged in anti-competitive behaviour that enabled the company to charge higher prices for its products. Justice E.M. Meyers concluded in a ruling that Vancouver-based Pro-Sys Consultants, which is leading the plaintiffs in the case, has met requirements for certification for the lawsuit to proceed as a class action.

The legal action against Microsoft was launched in 2006 on behalf of a number of indirect purchasers who acquired Microsoft software from resellers and from those who had Microsoft software pre-installed on their computers. The plaintiffs argue they were forced to pay more for the software component of their purchase as a result of Microsoft's anti-competitive actions. Pro-Sys alleges that the indirect sellers suffered harm from paying prices that were artificially inflated by anti-competitive behaviour. The company’s statement of claim alleges wrongdoings dating back to the 1980’s, when Microsoft emerged as the standard for operating systems "but by engaging in anti-competitive conduct Microsoft increased, maintained and abused its dominance in the market." None of the claims have been proven in court. Meyers narrowed the scope of the lawsuit to cover British Columbians who indirectly acquired a licence for Microsoft operating systems or application software for their own use and those who bought computers with pre-installed Microsoft software since January 1994.