Approval by the President of the Polish Office of Competition and Consumer Protection for Netia S.A. to take over Telefonia DIALOG S.A. through a concentration

Report number
Report 41/2011

The Management Board of KGHM Polska Miedź S.A. („KGHM”) announces that on 9 December 2011 it was informed that the President of the Polish Office of Competition and Consumer Protection had issued a decision granting unconditional approval to a concentration through the takeover by Netia S.A. („Netia”) of Telefonia DIALOG S.A. with its registered head office in Wrocław („DIALOG”). The granting of unconditional approval by the President of the Polish Office of Competition and Consumer Protection for the takeover by Netia of DIALOG represents fulfillment of the condition precedent, set forth in the contingent binding agreement on the sale of DIALOG entered into by KGHM as the seller, and Netia as the purchaser, on 29 September 2011 („Agreement”). KGHM announced this Agreement in current report no. 27/2011 dated 29 September 2011. 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 (Journal of Laws from 2005 No. 184, item 1539 with subsequent amendments).