Approval of the President of the Office of Competition and Consumer Protection for concentration

Thursday, 09 October, 2014
Current report no. 28/2014

The Management Board of KGHM Polska Miedź S.A., in reference to current report no.26/2014 dated 3 September 2014 regarding the signing of a Shareholders Agreement with respect to the project for preparation and building of a nuclear power plant, announces that on 8 October 2014 the Company was informed of the decision of the President of the Office of Competition and Consumer Protection (Prezes Urzędu Ochrony Konkurencji i Konsumentów) regarding an application for concentration. Following the antimonopoly proceedings which were initiated at the request of KGHM Polska Miedź S.A., PGE Polska Grupa Energetyczna S.A., TAURON Polska Energia S.A. and ENEA S.A. (“the Applicants”, “the Parties”), the President of the Office of Competition and Consumer Protection granted unconditional approval to carry out this concentration, based on establishment of the joint undertaking PGE EJ 1 Sp. z o.o. by the Applicants. Purchase of the shares of PGE EJ 1 sp. z o.o. by the Parties to the agreement is contingent on approval being received for the concentration, set forth in the Shareholders Agreement.

Legal basis: Art. 56 sec. 5 of the Act dated 29 July 2005 on public offerings and conditions governing the introduction of financial instruments to organised trading, and on public companies (unified text: Journal of Laws 2013.1382).