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Microsoft settles antitrust case with rival OS company

OUT-LAW News, 08/09/2003

Microsoft has settled a lawsuit with a company that once made a rival operating system but that claimed that Microsoft's anti-competitive behaviour forced it out of business. Microsoft has agreed to pay Be Inc. the sum of $23.25 million.

Be's antitrust lawsuit was one of four lodged after the high profile Justice Department case against Microsoft found that the software giant had abused its dominant position. In February 2002, Be accused Microsoft of persuading computer manufacturers to use Windows exclusively to the detriment of Be's rival system.

The result of this anti-competitive behaviour, alleged Be, was that Be had to shut down, transferring most of its business and staff to PDA maker Palm in August 2001. As part of the deal Be retained the right to sue Microsoft.

The settlement announced on Friday is the second of the four corporate antitrust suits to settle – in May this year Microsoft agreed to pay $750 million to AOL Time Warner.

Microsoft has admitted to no wrongdoing, and all other terms of the settlement will remain confidential. A joint statement released on Friday said that, "Both parties are satisfied with the agreement and believe that it is fair and reasonable."

Be is now to complete the process of dissolution that was agreed with its shareholders in Novermber 2001. Be's net cash will be distributed to shareholders after payment of any taxes, officers' and directors' compensation, and other expenses, and the satisfaction of Be's remaining liabilities.

 

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