The Polish prosecutor's office asks the European Commission for help. It's about the fusion of Orlen with Lotos

The National Prosecutor's Office announced that in the investigation of the merger of Orlen with Lotos, the prosecutor will ask the European Commission to transfer documentation regarding the process of merging PKN Orlen SA with the Lotos SA group.

On Tuesday, the spokesman Przemysław Nowak announced more than 10 proceedings regarding Orlen SA on Tuesday. One of them, regarding the merger of Orlen with Lotos, is conducted in the Department of the Department of Organized Crime and Corruption of the PK in Łódź.

In the summary of this proceeding, we read, among others, that “the prosecutor will ask the European Commission to provide documentation, which has been sent in connection with the planned and then implemented process of merger PKN Orlen SA with the Lotos SA Group”.

The European Commission may play a role in the investigation, because PKN Orlen and Grupa Lotos are large companies operating on the EU market, so the combination process required the consent of the EC on the basis of regulations regarding the concentration of enterprises. The EC, which in June 2022 agreed to connect PKN Orlen with the Lotos group, has therefore detailed documentation regarding this process: correspondence with pages, analysis, expert opinions. Earlier, in January 2022, in accordance with the EC antitrust requirements, PKN Orlen presented remedies planned for the intention to take over the Lotos Group.

PK also reminded that the investigation, which is currently in the Rem phase (no one was presented to anyone), was taken over to continue conducting from the District Prosecutor's Office in Płock. The proceedings concern the suspicion of committing crimes, including joke. 296 parish 1 and 3 of the Penal Code, which penalize activities to the detriment of the Company by persons managing its assets – parish 1 speaks of mismanagement, and parish 3 tightens responsibility if the damage was significant.

“In the course of the proceedings, extensive documentation in traditional (paper) and electronic form was secured, regarding the merger of PKN Orlen SA and Grupa Lotos SA, as well as contracts related to the sale of shares in companies included in the Lotos SA Group, including 30 % shares in the company Rafineria Gdańsk for Saudi Saudi Aramco. in the press release of Prosecutor Nowak.

The prosecutor's office also obtained the results of the inspection of the Supreme Audit Office regarding supervision by the Ministry of State Asset over the merger process of both companies.

Until now, almost 40 witnesses have been questioned in the course of the proceedings, including employees of the Office of Competition and Consumer Protection, former employees of the Lotos Group and representatives of entities that acquired assets in connection with the implementation of remedies imposed by the European Commission. In subsequent stages, it is planned to hear several dozen people, including public officials.

In the information of the National Prosecutor's Office, other investigations were also listed – various prosecutor's office units – regarding Orlen SA are proceedings regarding the understatement of fuel prices in 2023 or actions to the detriment of companies OTS Switzerland GmbH (Grupa Orlen) and Orlen SA in connection with the conclusion of adverse contracts for the purchase of oil.

The procedure regarding tenders, contracts and the implementation of works on the construction of the Olefina III complex in Płock was also described, regarding the conclusion of a contract with an American company to draw up a report and spending over 480,000 for this purpose. PLN, as well as an investigation into the appropriation in 2018–2023 funds from official cards for over 740 thousand. PLN and abuse when financing business trips that led to financial damage exceeding PLN 3.6 million.

In addition, the investigation was mentioned regarding the submission of false testimonies regarding the employment of specific persons in the Orlen Group companies, which concerns irregularities when concluding advertising contracts, including the influence of services, to the detriment of the company, subsequent in the matter of managerial management irregularities at the Orlen SA headquarters in Płock from April to September 2024 and regarding the donation of masks and disinfectants by the donation of masks and disinfectants by the donation Orlen Foundation to the Vatican.

Another mentioned proceedings are an investigation into irregularities in employing and remuneration of foreigners working on the construction of the Olefin III complex and checking procedures regarding irregularities in the supply of goods from one of the meat companies. (PAP)

NNO/ MJA/ LM/