This won't be easy because Microsoft didn't sell the software directly to consumers. Attorneys will have to figure out how much, if any, of Microsoft's overcharges were passed on to consumers. The task will be made even more difficult by the different routes that PCs take before they are bought by a consumer. For instance, Dell Computer sells its PCs directly to consumers. But many other consumers buy computers through major retailers such as Best Buy, meaning there are two different layers of pricing before a purchase is made.
Smaller retailers buy their PCs through wholesalers, adding yet another twist into the calculation.
Pollak said he may break the class action into smaller subsets. This tack could create one class of consumers that bought their PCs directly and other classes that went through retailers. The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.