• The President of UOKiK, Tomasz Chróstny, has granted conditional approval for concentration in the market for the sale of ceramic and cement roof tiles.
• Wienerberger may acquire Terreal Holding on the condition that it continues to license the Creaton brand to be used by Creaton Poland.

Wienerberger is a company listed on the Vienna Stock Exchange. It is a manufacturer of building materials, such as wall and façade bricks, roof tiles, concrete and ceramic paving, and piping systems. The French company Terreal Holding primarily specializes in the production of roof covering. The concentration involves Wienerberger acquiring 100% of the shares in Terreal Holding. However, certain subsidiary entities of the acquired company, including Creaton Poland, will be excluded from the transaction.

The proceedings have shown that such concentration could lead to restriction of competition in the market for the sale/marketing of ceramic and cement roof tiles in Poland. The undertakings are the owners of popular tile brands on our market. Wienerberger owns the Koramic brand, while the acquired company holds the rights to the Creaton brand. Their combined share in this market exceeds 40%.

“In its initial form, the concentration could have resulted in a situation where Wienerberger would soon be the owner of two major roof tile brands, thus achieving a dominant position in the Polish market. That is why I decided to issue a conditional decision, ensuring fair competition between the companies and allowing roofing businesses and professionals to maintain their freedom of product choice”, says Tomasz Chróstny, President of UOKiK.

As Creaton Poland is currently using a license for the Creaton brand, the imposed condition is aimed at obliging Wienerberger or its subsidiary to continue licensing the Creaton trademark to Creaton Poland. The license will be provided free of charge and cover all permitted uses, including production, distribution, and advertising of ceramic and cement roof tiles, underlays, roofing accessories, and photovoltaic products.

Creaton Poland will be the sole entity authorized to use the Creaton brand in Poland. The license will be granted for a specific period depending on whether Creaton Poland is acquired by an entity with the experience and economic and financial resources to ensure the Creaton Poland’s continuation of operations relating to production and sale of roof tiles and the ability to rebrand the Creaton brand. In the latter case, the decision provides for the possibility of extending the license. After the expiry of the indicated time frame, Creaton Poland will be granted a non-exclusive license for the sale of previously manufactured products for an additional period of six months.

Furthermore, Wienerberger will be required to submit reports and information about the implementation of the imposed condition to the President of UOKiK.

According to the law, the merger is subject to notification to the antitrust authority if it involves undertakings whose aggregate turnover generated in the preceding year exceeded EUR 1 billion worldwide or EUR 50 million in Poland.

The decision is not final. The party notifying the Office has the right to appeal to the Court of Competition and Consumer Protection. At the same time, please note that information on all concentration-related antitrust proceedings conducted by UOKiK is posted on the UOKiK website.