Bahamian lawyer Robert L Parks led one of the largest lawsuits against Microsoft Corporation that was settled for $200 million in Florida. "I am confident that the settlement was a fair one, though some may not think so," Mr. Parks told The Guardian in a telephone interview on the weekend.
The Bahamian-born Mr. Parks is a partner in the Coral Gables trial law firm of Haggard, Parks, Haggard & Bologna, P. A. He was one of the lead attorneys who attained the antitrust class action against the computer conglomerate.
On April 15, Miami-Dade Circuit Court Judge Henry H. Harnage gave preliminary approval to the settlement. Plaintiffs and Microsoft will seek a final approval of the settlement later this year.
The class action suit claimed that Microsoft Corporation is in violation of Florida's Deceptive and Unfair Trade Practices Act (the Florida DTPA). Plaintiffs in the class action suit against Microsoft Corporation alleged that Microsoft established a monopoly in the market for operation systems software through various anticompetitive acts and has maintained this monopoly since the late 1980s.
The plaintiffs charged that Microsoft used its monopoly power to "stifle" innovation in the operating system market, created a monopoly in the applications market, and over charged consumers in both markets which is in violation of Florida's DTPA.
The Florida DTPA is designed to prevent businesses from conducting unfair practices and predatory trade toward consumers.
The settlement, calls for Microsoft to issue vouchers to the plaintiffs ranging in value from $5 to $12 for each qualifying Microsoft product purchased by consumers and businesses for use in Florida. The vouchers entitle class member to cash rebates on the purchases of computer equipment and software from any maker, including Microsoft rivals. One half of any unclaimed vouchers will be given to Florida's neediest public schools to be used for computer equipment and software.
The settlement includes all persons and entities of any kind within Florida between Nov. 16, 1995 and Dec. 31, 2002, who indirectly purchased in the U.S. a Microsoft Operating System and/or Microsoft Applications, for use in Florida, and who did not purchase it for resale.
Class members will be able to recoup a portion of what they spent for Microsoft products, including the Windows operating system and Microsoft Excel and Word programmes. Class members who purchased more than one Microsoft licensed product during the specified time period may combine their licenses and receive multiple vouchers. Once the settlement is approved, class members will have four months to submit their claims for vouchers, which would be good for four years.
Mr. Parks told The Guardian that he was confident that the claim would be settled. A fairness hearing would be held to allow Microsoft purchasers during the period in question, an opportunity to participate in the settlement.
Asked how prevalent is this kind of "abuse", Mr. Parks recalled the case in Washington D.C., during which the U.S. government sued Microsoft for antitrust violation.
And, the Florida case is a spring off from that, just for its citizens; the government punished the computer giant for what it considered unfair trade practices and predatory pricing.
As a result, about 11 states in the U.S. brought separate actions for individual consumer in their respective jurisdictions.
However, such a law does not apply to The Bahamas, as does tobacco litigation.
Mr. Parks explained that if The Bahamas Government wants to hire a lawyer to file suit in the U.S. for the money it spent on persons afflicted by tobacco, then such a law would apply to this country.
Mr. Parks recently sold his Bahamian-based business, Valentine Marina in Harbour Island, but still maintains a home on that island famed for its pink sandy beaches.
By Lindsay Thompson, The Nassau Guardian
