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MENLO PARK, Calif.—February 19, 2001—Be Incorporated
(Nasdaq: BEOS) announced today it has filed suit against Microsoft
Corporation for the destruction of Be’s business resulting from
the anticompetitive business practices of Microsoft. The
lawsuit alleges, among other claims, that Microsoft harmed Be
through a series of illegal exclusionary and anticompetitive
acts designed to maintain its monopoly in the Intel-compatible
PC operating system market and created exclusive dealing arrangements
with PC OEMs prohibiting the sale of PCs with multiple preinstalled
operating systems. Be has retained the law firm of Susman Godfrey
L.L.P. on a contingent fee basis to represent Be and to seek
recovery of damages for the benefit of the company and its stockholders.
The suit has been filed in the United States District Court
in San Francisco. A copy of the complaint will be made available
on Be’s website.
Safe Harbor Statement
This news release contains forward-looking statements that involve
risks and uncertainties that could cause actual results or outcomes
to differ materially from those contemplated by the forward-looking
statements. The filing of the antitrust lawsuit or the engagement
of legal counsel for that purpose does not guarantee that the
outcome of the suit will be in Be’s favor. While Susman
Godfrey was hired by Be to represent the company and to seek
a recovery for the benefit of stockholders, Susman Godfrey does
not directly represent the stockholders themselves, either individually
or as a class. Any forward-looking statements herein are made
only as of the date hereof, and Be undertakes no obligation
to update or revise the forward-looking statements, whether
as a result of new information, future events or otherwise.
Information about the potential factors that could affect the
company’s business and financial activities and results is included
in the company’s annual, quarterly and special reports, proxy
statements and other information, which are on file with the
Securities and Exchange Commission.
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