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UPDATE: Nov, 30, 2020 The Microsoft Software class action settlement is now accepting claims. The deadline to file a claim is Sept. 23, 2021. Click here to see if you’re eligible to claim compensation in this class action settlement.
A nationwide settlement has been reached over allegations Microsoft engaged in anticompetitive behavior that allowed it to charge higher prices for some of its products. The settlement was approved by courts in British Columbia, Ontario and Quebec in 2018.
In February 2020, the British Columbia Court approved the notice program and settlement claims program and appointed a claims administrator to distribute settlement funds to eligible Class Members.
Ontario and Quebec courts have not yet submitted their approval orders. Once they issue the orders, the notice program and settlement claims distribution process can begin.
The Microsoft class action lawsuit was initially filed in 2005.
In 2016, the courts certified a Class of Canadian residents who, between Dec. 23, 1998 and March 11, 2010, purchased a genuine license for any full or upgrade version of Microsoft Word, Excel, Office, Works Suite, Home Essentials application suites, or Microsoft’s MS-DOS, or Windows operating systems software intended for use on Intel-compatible personal computers.
The case went to trial in May 2016, and during the course of the trial, the parties engaged in two meditations before reaching an agreement in principle. On July 11, 2018, the parties reached a nationwide class action settlement.
Microsoft will pay up to $517 million to settle the antitrust class action lawsuit. The total amount Microsoft is required to pay will depend on the total number of claims submitted by Class Members.
“The case was fraught with legal and factual risk,” the Microsoft class action settlement approval documents state. “This is not a traditional horizontal price-fixing conspiracy case.”
“The plaintiffs alleged that Microsoft engaged in an unlawful and anti-competitive campaign that had the purpose and effect of destroying competition in the markets for Intel-compatible PC OS and office productivity applications software,” the documents continue.
The plaintiffs alleged that Microsoft engaged in a variety of anticompetitive practices that allowed them to charge inflated prices for their products. They accused Microsoft of entering into unlawful contracts with competitors, personal computer makers and independent software vendors since 1988.
Microsoft also allegedly made false, misleading and deceptive statements to its competitors, industry participants and the public.
The plaintiffs alleged Microsoft’s anticompetitive behavior constituted a conspiracy in breach of the Competition Act and common law.
“However, there was a serious risk that the court would find that the Microsoft’s conduct did not constitute a conspiracy, but rather was unilateral or monopolistic conduct that is not unlawful and actionable in Canada,” the judge wrote.
The deadline to opt out of the Microsoft class action settlement has passed. No Class Members have reportedly opted out of the settlement.
According to the Microsoft settlement documents, Class Members must submit their claims online within 10 months from the notice of publication of the settlement approval.
Proof of purchase is not required to submit a claim; however, proof of purchase will be required for consumer claims in excess of $250 and volume licensee claims in excess of $650. Consumer claims will be paid in cash while volume licensees will receive vouchers redeemable for certain Microsoft products.
The settlement documents state that Class Members will be entitled to the following payments for the products they purchased:
- $13 for Operating Systems
- $8 for Office Productivity Suites
- $6.50 for Excel
- $6.50 for Word and Word Processing Applications
If the claims submitted by Class Members do not exceed the maximum value of the Microsoft class action settlement fund, a portion of the unclaimed funds will be distributed as vouchers to schools in Canada.
Top Class Actions will post the open settlement information and claim filing instructions once they become available. Click on the “Follow Article” at the top of this page to get the latest updates about the Microsoft class action settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.
What do you think about this Microsoft antitrust class action lawsuit settlement? Tell us your thoughts in the comment section below!
Class Members are represented by Camp Fiorante Matthews Mogerman, Strosberg Sasso Sutts LLP, and Bouchard Pagé Tremblay.
The Microsoft Antitrust Class Action Settlement is Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation, et al., Case No. 2018 BCSC 2091, in the Supreme Court of British Columbia, Canada.
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14 thoughts onMicrosoft Settlement Program Approved by B.C. Court
When I bought my laptop Asus from London drugs in Campbell River I had to buy the Microsoft pkg with excell, office , words etc
Please include me in the Microsoft action lawsuit..
Thank you