Berghausen v. Microsoft Corp.

OPINION

MATTINGLY MAY, Judge.

Jeffrey Berghausen appeals the dismissal of his amended class action complaint against Microsoft Corporation. He raises four issues on appeal, which we consolidate and restate as:

1. Whether Berghausen, as an indirect purchaser, had standing to bring his antitrust claim against Microsoft;

2. Whether Berghausen's allegation of degradation of his computer's performance states a claim of an "antitrust injury"; and

3. Whether Berghausen stated a claim of unjust enrichment or violation of the Indiana Deceptive Consumer Sales Act.

We affirm.

FACTS AND PROCEDURAL HISTORY

Berghau…