Class action proceedings have now been certified or authorized by the courts of British Columbia, Ontario and Québec alleging that beginning in 1988, Microsoft engaged in anti-competitive conduct resulting in overcharges for the following Intel-compatible personal computer (“PC”) operating systems and Intel-compatible PC applications software: Word, Excel, Office, Works Suite, Home Essentials, MS-DOS, and Windows (“Microsoft Software”). See Reasons for Judgment of Mr. Justice Myers, March 15, 2010.
A settlement agreement that is subject to court approval has been reached with the defendants Microsoft Corporation and Microsoft Canada Co./Microsoft Canada CIE (“Microsoft”). The settlement agreement obligates Microsoft to fund a claims process and class counsel fees to a maximum amount of $517,331,500 and to pay administration and notice costs in addition to that amount. The settlement represents a resolution of all disputed claims. Microsoft has not admitted any wrongdoing or liability.
The Microsoft settlement agreement is subject to court approval in British Columbia, Ontario, and Quebec. Hearings to approve the settlement agreement will be heard by the British Columbia Supreme Court in the City of Vancouver on September 21, 2018 at 9:00am, the Ontario Superior Court in the City of Toronto on October 18, 2018 at 10:00am, and the Quebec Superior Court in the Quebec City on October 25, 2018 at 9:00am.
For details of the settlement and settlement approval hearings, see the following documents:
Anyone wishing to object to this settlement must send their objection to class counsel listed in the Long Form Notices no later than September 18, 2018.
You are a class member in one of the class actions if you live in Canada at the time of this notice and, between December 23, 1998, and March 11, 2010 (inclusive) you purchased for your own use (not for resale) genuine Microsoft Software or a PC loaded with genuine Microsoft Software from someone other than Microsoft, and do not opt out of the appropriate class action (the “Class Members”).
To access the court documents, click on the links below:
The defendants appealed the decision certifying the class action and were successful at the BC Court of Appeal, however, the Supreme Court of Canada upheld the judgment of Mr. Justice Myers, finding that the proceeding met the requirements for certification under the Class Proceedings Act. The unanimous Reasons for Judgment issued by the Supreme Court of Canada on October 31, 2013, can be found at the link below.
For more information please contact Joanne Hung, Paralegal at (778) 945-8507 or by email at [email protected].
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