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UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0782 (410) 962-2698 FAX

July 28, 2003

Memo To Counsel Re: Microsoft Corp. Antitrust Litigation - Consumer Track MDL 1332 Dear Counsel: I have reviewed the memoranda and correspondence submitted in connection with plaintiff's motion for partial reconsideration concerning my class certification order. Plaintiff's motion is granted to the limited extent that it seeks to expand the class to include persons who purchased Microsoft operating system software as "Full Packaged Product" in direct marketing campaigns during the class period. Nothing in the record suggests that there are any qualitative distinctions between these persons and the persons who purchased operating system software pursuant to the shop.Microsoft.com class like the one I have found to exist between the latter persons and large volume discount purchasers. The only apparent difference between the Full Packaged Product purchasers and the shop.Microsoft.com purchasers relates to the amount of damages, if any, they suffered.1 Accordingly, I find that the named class representatives who purchased operating system software pursuant to the shop.Microsoft.com program are adequate representatives of the Full Packaged Product purchasers as well. Despite the informal nature of this ruling, it shall constitute an Order of Court, and the Clerk is directed to docket it accordingly. Very truly yours, /s/ J. Frederick Motz United States District Judge

Of course, it may be that even assuming that shop.Microsoft.com purchasers suffered damages, Full Packaged Product purchasers (or some of them who purchased operating system software at a very low price) did not. However, if this case goes to trial, special interrogatories can be submitted to the jury that would resolve the differing damages issues.

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Download Reconsidering class certification: end users (overcharge cases).pdf

Maryland Law