Judge OKs Microsoft Class-Action Suit

San Francisco Superior Court Judge Stuart R. Pollak late Tuesday ruled that the suit could proceed. Attorneys representing Microsoft and the plaintiffs will meet with Pollak on October 4 for a status conference, but the trial will not begin until March of 2002.

Richard Grossman, a lawyer with Townsend & Townsend & Crew, a San Francisco-based law firm, said millions of California consumers overpaid Microsoft, and the judge's decision to allow the suit to go ahead is a major step toward gaining a remedy for them.

"We have not calculated the precise amount that consumers overpaid, but it's expected to be in the many hundreds of millions if not billions of (US) dollars," Grossman said. The overcharge will be calculated based on intensive studies by expert economists in the antitrust field, he added.

Microsoft's Windows and MS-DOS operating systems software and the company's Word and Excel applications purchased after May 18, 1994, are the products at issue in the case.

Microsoft spokesman Jim Cullinan Wednesday said Judge's Pollak's decision was just one step in a long process.

"Given California law, yesterday's ruling was not unexpected," Cullinan said. "The ruling focuses not on the merits (of the case) but on the issue of class certification. We believe when you look at the merits, the actions that have been challenged will be seen as having been good for consumers."

Cullinan also noted that the case has been filed by plaintiff attorneys, not consumers themselves.

More than 130 private, class-action antitrust suits have been filed across the US against Microsoft, all seeking damages from the company for what the plaintiffs claim are inflated prices charged for its products.

Earlier this month, Microsoft filed a motion for the US District Court for the District of Maryland to dismiss more than half of 62 private, class-action antitrust lawsuits that have been consolidated and placed under the court's review.

Judges elsewhere in the US have already dismissed a number of private antitrust lawsuits against Microsoft in US states including Oregon and Nevada.

US District Court Judge Thomas Penfield Jackson ordered the breakup of Microsoft on June 7 after determining that the software giant was a monopoly. Jackson has said Microsoft's appeal against his ruling should go directly to the US Supreme Court for immediate consideration because of the "general public importance" of resolving the case, but Microsoft has argued that the appeal should be heard by the US Court of Appeals. The Supreme Court is expected to decide within a few weeks whether it will take the case.

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Margret Johnston

PC World

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