The President of the Polish competition authority, Tomasz Chróstny, has issued a conditional approval for Wienerberger's acquisition of Terreal Holding in the ceramic and cement roof tile market. The approval is contingent upon Wienerberger continuing to license the Creaton brand to Creaton Polska.

Wienerberger, a publicly traded company on the Vienna Stock Exchange, specializes in building materials, including wall and facade bricks, roof tiles, and concrete and ceramic surfaces. Terreal Holding, a French company, primarily focuses on roof coverings. The acquisition involves Wienerberger purchasing 100% of Terreal Holding's shares, although certain subsidiaries, including Creaton Polska, will be excluded from the transaction.

The investigation revealed that the merger could potentially harm competition in the Polish market for ceramic and cement roof tiles, as both companies own popular brands. Wienerberger owns the Koramic brand, while Terreal holds rights to the Creaton brand, giving them a combined market share exceeding 40%.

President Chróstny noted that the original merger could have led to Wienerberger controlling two major roof tile brands, thereby achieving a dominant position in the Polish market. The conditional decision aims to maintain fair competition and ensure that businesses and professionals purchasing roof tiles retain a choice of products.

The imposed condition requires Wienerberger or its subsidiary to continue licensing the Creaton trademark to Creaton Polska, which will be the sole entity authorized to use the Creaton brand in Poland. The license will be free of charge and will cover all permitted uses, including production, distribution, and advertising of ceramic and cement roof tiles, underlays, and photovoltaic products.

The license duration will depend on whether Creaton Polska is acquired by an entity capable of sustaining its operations and rebranding the Creaton brand. If not, the decision allows for a possible extension of the license. After the specified terms, Creaton Polska will receive a non-exclusive license for six months to sell previously produced products.

Additionally, Wienerberger is required to submit reports and information to the President of the Polish competition authority regarding compliance with the imposed condition. The transaction must be reported to the antitrust authority if the combined turnover of the involved companies exceeded €1 billion globally or €50 million in Poland in the previous year.

The decision is not final, and the notifying party has the right to appeal to the Court of Competition and Consumer Protection. The authority's website provides information on all ongoing antitrust proceedings related to mergers.