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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) July 24, 2000
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COMMERCE ONE, INC.
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(Exact name of registrant as specified in its charter)
Delaware 000-26453 68-0322810
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
4440 Rosewood Drive, Pleasanton, California 94588
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (925) 520-6000
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1600 Riviera Avenue, Walnut Creek, California 94596
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(Former name or former address, if changed since last report)
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ITEM 5. OTHER EVENTS.
(a) FINANCIAL RESULTS AS OF JUNE 30, 2000
Commerce One's revenues for the three months ended June 30, 2000
totaled $62.7 million as compared with $4.2 million for the corresponding three
months in 1999 and $35.0 million for the three months ended March 31, 2000. Net
loss for the three months ended June 30, 2000, excluding non-operating charges,
was $16.2 million, or $0.10 per share, as compared to $9.7 million, or $0.09 per
share, for the corresponding three months in 1999 and $14.0 million, or $0.09
per share, for the three months ended March 31, 2000. Including all charges, the
net loss for the three months ended June 30, 2000 was $43.1 million, or $0.28
per share, as compared with a net loss of $11.8 million, or $0.11 per share, for
the corresponding three months ended June 30, 1999, and $43.6 million, or $0.29
per share, for the three months ended March 31, 2000.
(b) REQUEST FOR INFORMATION REGARDING PROPOSED EXCHANGE
In June 2000, the proposed automotive exchange among Commerce One,
General Motors, Ford, DaimlerChrysler and certain other companies filed
notification with the Federal Trade Commission and Antitrust Division of the
Department of Justice under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (the "HSR Act") with respect to the business it proposes to conduct.
The FTC has recently requested additional information concerning the proposed
exchange from Commerce One and the other companies forming the exchange.
Commerce One intends to respond as soon as practicable. It may, however, take
a significant period of time to produce this information. As we have
discussed in the past, the proposed exchange may not begin conducting
business until the FTC has received the requested information and all
applicable waiting periods under the HSR Act have expired or been
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terminated. To the extent that U.S. or foreign antitrust regulators take
adverse action or establish rules or regulations with respect to the proposed
exchange or business-to-business e-commerce exchanges in general, the
establishment and growth of such exchanges may be delayed.
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ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
The following financial statements and exhibits are filed as part of
this report.
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The following documents of Commerce One appear as
Exhibit 99.1 to this Current Report on Form 8-K and
are incorporated herein by reference.
(i) Unaudited Consolidated Statements of
Operations for the Three and Six Months
Ended June 30, 2000; and
(ii) Unaudited Consolidated Balance Sheets as of
June 30, 2000.
(c) EXHIBITS
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<CAPTION>
Exhibit
Number Description
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99.1 Unaudited Consolidated Financial Information of Commerce One, Inc. as of June 30, 2000.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the registrant has duly caused this report to be signed on its behalf
by the undersigned, thereunto duly authorized, in the City of Pleasanton,
California, on July 25, 2000.
COMMERCE ONE, INC.
By: /s/ Robert M. Tarkoff
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Name: Robert M. Tarkoff
Title: Senior Vice President, Corporate
Development and General Counsel
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INDEX TO EXHIBITS
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<CAPTION>
Exhibit
Number Description
<S> <C>
99.1 Unaudited Consolidated Financial Information of Commerce One, Inc. as of June 30, 2000.
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