Legal Proceedings Report • Nov 28, 2017
Legal Proceedings Report
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Subject: Information on antimonopoly proceedings
Current Report No. 55/2017
The management board of Pfleiderer Group S.A. announces that on 27November 2017 it learnt of the delivery of notification from thePresident of the Office of Competition and Consumer Protection (the"OCCP") of the end of evidentiary proceedings in antimonopolyproceedings in the matter of the conclusion by Kronospan Szczecinek sp.z o.o., Kronospan Mielec sp. z .o.o., Swiss Krono sp. z o.o. (formerlyKronopol sp. z o.o.), Pfleiderer Group S.A. (formerly Grajewo S.A.) andPfleiderer Wieruszów sp. z o.o. (formerly Pfleiderer Prospan S.A.) of anagreement on price fixing and exchange of commercial informationconcerning the conditions of sale on the market of chipboard andfibreboard in Poland, which could breach Art. 6 of the Act onCompetition and Consumer Protection and Art. 101 sec. 1 a) of the Treatyon the functioning of the European Union (the "TFEU") (the"Proceedings"). Pfleiderer Group S.A. gave notification of theseProceedings earlier in current reports nos. 24/2012 oraz 19/2015
According to the above-mentioned notification, Pfleiderer Group S.A. mayexamine the entire case files and state any final standpoint in the casewithin 14 days of receiving the notification.
At the same time, on 27 November 2017 the management board of PfleidererGroup S.A. learned that on 27 October 2017 the OCCP informed theEuropean Commission about the anticipated decision stating that a breachhas occurred of Art. 101 sec. 1a) of the TFEU has occurred within thecooperation procedure set out in Art. 11 sec. 4 of Council Regulation(EC) No 1/2003 of 16 December 2002 on the implementation of the rules oncompetition laid down in Articles 81 and 82 of the Treaty (the"Notification of the European Commission").
Delivery of the notification and the Notification of the EuropeanCommission means that the OCCP may end the Proceedings soon and issue adecision establishing a breach of competition law by Pfleiderer GroupS.A. and Pfleiderer Wieruszów sp. z o.o. However, bearing in mind thecomplicated nature of the case, at the present moment it is impossibleto state precisely the date on which the Proceedings will be ended orthe financial consequences of such a decision for Pfleiderer Group S.A.and Pfleiderer Wieruszów sp. z o.o. In the decision ending theProceedings the OCCP may impose a fine on Pfleiderer Group S.A. orPfleiderer Wieruszów sp. z o.o. in an amount of up to 10% of therevenues (in the meaning of tax law provisions) earned by the relevantcompany in the year preceding the issuance of the decision.
Legal grounds: Art. 17 sec. 1 of Regulation (EU) No. 596/2014 of theEuropean Parliament and of the Council on market abuse (market abuseregulation) and repealing Directive 2003/6/EC of the European Parliamentand of the Council and Commission Directives 2003/124/EC, 2003/125/ECand 2004/72/EC (OJ L of 2014, no. 173, p. 1, as amended).
28.11.2017
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