Polish PKP CARGO received PLN 60 million in the form of returned penalty from Office of Competition and Consumer Protection (UOKiK)

As a result of the verdict of the Supreme Court of 3 October 2013, the  Office of Competition and Consumer Protection (UOKiK) transferred to the bank account of PKP CARGO the return of penalty imposed in 2009 in the amount of PLN 60,4 million.

Warsaw, Poland, 09-12-2013 — /EuropaWire/ — The penalty imposed by the  Office of Competition and Consumer Protection in July 2009 concerned a refusal of PKP CARGO to offer rail transport of goods to its competitors on special conditions, that is by making agreements with discounts from the Company’s tariff of goods. Decisions of the  Office of Competition and Consumer Protection were affirmed by further instances (the  Court of  Competition and Consumer Protection, Court of Appeal), therefore PKP CARGO paid the imposed penalty and at the same time made a cassation appeal to the Supreme Court.

On 3 October the Supreme Court overruled the judgments of the  Court of  Competition and Consumer Protection, Court of Appeal and ordered judicial review by the court of the first instance. Return of the penalty is a consequence of the verdict of the  Supreme Court.

– I am glad that the arguments we presented convinced the Supreme Court. It is hard to overestimate the importance of this verdict because it has a system significance for the judiciary of the Office of Competition and Consumer Protection and it will have a positive impact on antimonopoly  practice For such companies as PKP CARGO it is very significant, because it strengthens realizing a taken development strategy based on expansion. Moreover, the regained PLN 60 million will obviously be beneficial for our financial situation and investment possibilities  – Adam Purwin, C.F.O., acting C.E.O. of PKP CARGO S.A. said.

NEITHER THIS ANNOUNCEMENT NOR ITS COPY CANNOT BE DISTRIBUTED DIRECTLY OR INDIRECTLY, AS A WHOLE OR IN PARTY ON OR TO THE TERRITORY OF THE UNITED STATES OF AMERICA, AUSTRALIA, CANADA AND JAPAN.

This press announcement is solely a promotional document according to Art. 53 item 2 and further, of the Act of 29 July 2005 on public offer and conditions of introducing financial instruments to an organized circulation system and on public companies.

Emission prospect (“Prospect”) prepared according to the offer and admittance of the Company shares to the stock exchange list on the Warsaw Stock Exchange and approved by  Polish Financial Supervision Authority is the only legally binding document containing information about the Company and the public offer of its shares in Poland (“Offer”).

This press announcement is not an emission prospect. The offer of bonds sales will be made and each investor shall make a decision on investment solely on the basis of information included in the emission prospect of the Company. The emission prospect of the Company is available on the internet site of the Company (www.pkp-cargo.pl) and of Powszechna Kasa Oszczędności Bank Polski S.A. Department – Dom Maklerski PKO Banku Polskiego in Warsaw (www. dm.pkobp.pl).

This press announcement is not a sales offer or an invitation to making a sales offer of bonds purchase in the United States of America.  Bonds cannot be offered or sold on the territory of the United States of America without previous registration or exemption from registration requirement. The Company does not intend to register any part of the offer in the United States of America. This press announcement or any copy cannot be transferred of by any means made available on the territory of the United States of America.

Distribution of this materials may be prohibited in certain countries. It is prohibited to distribute this document on the territory of Canada, Japan or Australia. Information included in this document are not a sales is not a sales offer or an invitation to making a sales offer of bonds purchase in the Canada, Japan or Australia.

In the member states of European Economic Area (EEA) this press announcement and the offer of bonds purchase, if they were announced at the same time, are directed solely to persons who are „qualified investors” according to Art. 2 item 1, point e) of the Directive 2003/71/WE (as amended) (this Directive, together with any means of implementation as required in this Directive in a given Member State and other proper regulations, „Prospect Directive”) or on the basis of an exception defined in Art. 3, item 2 of the Prospect Directive. It is assumed that the qualified investors who purchase bonds within the offer of bonds or who are the addressees of offer of bond purchase made a proper statement that they are qualified investors. It is also assumed that all investors made a statement that they do not purchase bonds on behalf of member states citizens other than qualified investors or persons from Great Britain or other member states (with similar legal provisions), on behalf of whom the investor may take decisions on his own, and that they did not purchase the abovementioned bonds in order to offer or sell them in EEA member states, which could cause the necessity of publishing the prospect by the Company or Goldman Sachs International, Morgan Stanley and Dom Maklerski PKO Banku Polskiego („Global Coordinators”) or other members of consortium of entities offering or guaranteeing the Offer according to Art. 3 of the Prospect Directive. The Company, Global Coordinators and other members other members of consortium of entities offering bonds of the Company and guaranteeing offer of such bonds and their representatives will be based on real and complete statements mentioned above.

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Polish PKP CARGO received PLN 60 million in the form of returned penalty from Office of Competition and Consumer Protection (UOKiK)

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