The Legal 500

Musat & Asociatii

43 AVIATORILOR BOULEVARD, 1ST DISTRICT, 011853 BUCHAREST, ROMANIA
Tel:
Work +40 21 202 5900
Fax:
Fax +40 21 223 3957
Web:
www.musat.ro
Email:
Cluj Napoca, Bucharest

Anca Buta Musat

Tel:
Work + 40-21 202 59 09
Email:
Musat & Asociatii

Work Department

Competition & Anti-trust, Intellectual property, Healthcare & pharmaceuticals, Dispute Resolution.

Position

Partner. Anca Buta Musat has extensive experience in dealing with the whole range of competition issues such as merger control and anti-competitive practices and conducts, having represented clients both before the European Commission and the Romanian Competition Council. Her track record includes advising on exclusivity arrangements, cartels, enforcement mechanisms employed by the competition authority, negotiations on remedies endorsing anti-trust approvals, compliance counselling (including trainings and dawn-raids simulations), as well as state aid-related issues and public services contracts. Over the years, she had an important role in structuring various types of agreements submitted for approval to the Competition Council and for securing individual exemptions. Anca is also an IP certified attorney and has built an impressive expertise in complex patent annulment cases, drafting and negotiating trademark and patent licensing/assigning agreements, franchise agreements, and advising clients on IP portfolio management and exploitation. She is one of Romanian’s leading practitioners in Pharma & IP Law, being able to provide integrated legal assistance to major clients from this industry, taking into account the interface between pharma legislation and IP rights. Anca coordinates Antitrust, Intellectual Property and Pharmaceuticals disputes, being involved in complex cases regarding enforcement mechanisms employed by the competition authority, negotiations on remedies endorsing antitrust approvals, exclusivity arrangements, price-fixing and market sharing cartel investigations, as well as patent infringement or annulment, trademark and copyright infringements, or IP rights enforcement. Mrs. Anca Buta Musat is constantly involved in promoting Competition Law initiatives, by means of public debates and position papers. She assisted clients in a wide variety of industries, including brewing, constructions, pharmaceuticals, medical devices, software, internet infrastructure, retail services, food, cosmetics, mass-media, banking, etc.

Career

Partner, Musat & Asociatii 2007 to date; Senior associate, Musat & Asociatii 2003-2007.

Languages

English, French, Greek and Romanian.

Member

Bucharest and Romanian Bar Associations;.

Education

King’s College London (postgraduate Diploma in EC Competition Law, 2007); King’s College London (Summer School in European Union Law, 2005); University of Salzburg /University of the Pacific, McGeorge School of Law (LLM in Transnational Business Transactions, 2005); University of Bucharest (Law, 2003).

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Legal Developments by:
Musat & Asociatii

  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
    - Musat & Asociatii

Legal Developments in Romania

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  • Romania: Wind of change on the Romanian renewable energy market - part II

    In the Legal Insights edition of 18 March 2013, we presented the potential changes to the Romanian renewable energy scheme, resulting from an unofficial working draft Government Emergency Ordinance (GEO) circulated on the market. This Tuesday (2 April 2013), a draft Government Emergency Ordinance on the amendment of Law no. 220/2008 was officially published on the website of the Ministry of Economy. The public is invited to submit comment within the next 30 days, to the e-mail address dezbateri_publice@minind.ro .
  • Romania: Wind of change on the Romanian renewable energy market

    Romania seems to be one of the most attractive CEE jurisdictions for renewable energy investments, due to the generous support scheme which generated increasing enthusiasm over the past few years. Implemented in 2005, the support scheme for renewable energy (RES) consisting of tradable green certificates (GCs) combined with mandatory acquisition quotas was improved in 2008 and subsequently in 2010, but was only applicable as of mid-2011, upon state aid clearance from the European Commission (EC).
  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
  • Romania: New financial and fiscal legislative amendments

    Government emergency ordinance no. 8/2013 for the amendment and supplementation of Law no. 571/2003 regarding the Fiscal Code and the regulation of certain financial and fiscal measures (published in the Official Gazette no. 54/23.01.2013) enters into force starting from 1 February 2013. GEO 8 introduces a number of important amendments and supplementa-tions in the fiscal legislation. We shall further present some of the amendments related to di-rect taxation, respectively to social insurance.
  • COMMITMENTS PROCEDURE IN ANTITRUST CASES BEFORE THE ROMANIAN COMPETITION COUNCIL

    1. Background The Romanian Competition Law no. 21/1996 (the " Law ") has been adopted and amended on various occasions so that it reflects the evolution of the competition law provisions in the EU. On 6 July 2010 the Law has been substantially amended, introducing among other institutions the commitments procedure for anticompetitive practices. Previously, the commitments were available only in merger cases under the form of remedies. The commitments procedure has been detailed in RCC guidelines issued in December 2010 (the " Guidelines "), which have been amended at the end of year 2012.
  • Romania: Proposed new OTC trading arrange-ments for electricity

    Friday (11 January 2013), the Romanian energy market regulator (ANRE) published on its website for public consultation a proposal for a procedure and regulation on OTC electricity trading (the "Proposal"). ANRE has invited stakeholders to submit their comments by 21 January 2013.
  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
  • The new 2012 Arbitration Rules of the Court of International Commercial Arbitration Court

    Authors: Luminita Popa, Partner Musat & Asociatii, Iulian Popescu, Partner Musat & Asociatii
  • Termination of Distribution Agreements in Romania

    The absence of a contract regulating the duration and termination of a distribution relationship does not necessarily entitle a party to abruptly terminate the agreement without facing financial exposure to the other party. In particular, a reasonable notice period should be given to allow the other party to adapt its business operations.
  • Guarantees under the New Civil Code

    After the New Civil Code entered into force on October 1, 2011, significant amendments were brought to the legal framework regulating the guarantees’ field, either by effective legislative changes to the existing institutions or by introduction of new types of guarantees. The New Civil Code also changed the terminology in the field (e.g. “mortgage” designates both securities over real estate and movable assets, while “pledge” is now referring only to a security interest with dispossession).