Anca has represented numerous clients at all stages of proceedings and investigations conducted by competition authorities, both nationally and at the EU level.
Anca is also recognized for her extensive experience in intellectual property law (IP), including complex patent invalidation procedures and litigation, drafting and negotiating trademark and patent licensing agreements, franchise agreements, as well as aspects related to the management and exploitation of IP portfolios. She is one of the most reputable attorneys in pharmaceutical law and intellectual property law in Romania, providing integrated legal assistance to some of the most important clients in this industry.
Anca has assisted clients from a wide range of industries, including construction, pharmaceuticals, medical devices, software, internet, retail, food industry, beer industry, cosmetics, media, banking sector, insurance & pensions.
A Swiss global healthcare corporation, in relation to the first investigation in Romania dealing with an alleged abuse of dominance in the pharmaceuticals industry. After advising the client in all stages of the investigation procedure and following a landmark decision by the Competition Council ruling out any abuse of dominance, we assisted the client in a voluntary secondary intervention in favor of the Competition Council’s position in litigation initiated by the complainant, as well as in a direct court action initiated by the respective distributor.
A leading energy company, in connection with an investigation launched by the Romanian Competition Council for an alleged abuse of dominant position via an alleged refusal to grant access to the upstream pipeline system administered by the client, following the privatization of the Romanian gas distribution and supply system. The investigation was closed without any findings of infringement against the client.
The largest French pharmaceuticals producer and its Romanian subsidiary with day-to-day competition-related matters ranging from discounts and promotional activities to distribution agreements and including the setting up of an emergency stock system in such a manner as to comply with the competition law requirements.
A leading pharmaceutical company, with respect to providing assessments on both the Preliminary and the Final Reports of the European Commission on the pharmaceuticals market, with special attention to its impact on the Romanian market, as well as in connection to sensitive competition law aspects of an envisaged protocol to be concluded with the Ministry of Health, so as to provide breakthrough medicines in one of the most important national health programs. Our work also covered providing legal assistance and representation in connection with a complaint against an alleged abuse of dominant position by the client, filed with the Competition Council by a generic company, and eventually dismissed by the Competition Council as ungrounded.
Appointed by the Competition Council as the monitoring agent in relation with the implementation of the commitments undertaken by a leading telecommunications service provider and approximately 100 distributors following the investigations carried out by the Competition Council in relation with potential anti-competitive agreements between the most important telecommunications service providers and their respective distributors. The competition concerns of the Competition Council that had to be alleviated as a result of the commitments referred mainly to the area of resale price maintenance through recommended maximum prices, market sharing, and non-compete obligations.
An international pharmaceutical company, in relation to the court proceedings initiated against the decision of the Romanian Competition Council issued as a result of the investigation carried out on the insulin drugs market. Our work included assistance during the dawn raid investigations, submitting written observations to the authority, representing the client’s interests during the hearings held before the Plenum of the Competition Council, training for employees, and elaborating compliance programs designed to mitigate the risks associated with unannounced inspections.
A leading Croatian pharmaceuticals producer with respect to an investigation of the national competition authority related to an alleged infringement of competition rules at both national and EU level via the impairment of parallel trade.
A leading Italian energy and utilities group for obtaining the authorization from the European Commission for performing an economic concentration represented by purchasing the majority stock in the share capital of a leading State-owned utility supplier, as well as maintaining the relationship with the European Commission as concerns State aid issues arising from the privatization of the company. The transaction led to the first merger control notification being submitted to the European Commission in relation to a Romanian transaction after Romania’s accession to the EU.
A global biopharmaceutical company and several of its subsidiaries in connection with threats concerning the launch in Romania of a generic version of the company’s top selling HIV medicine, more than 5 years before the expiry of the patent protection thereof.
One of the world’s leading pharmaceutical and healthcare companies in relation to a wide range of legal issues including but not limited to (i) entering into a Protocol with National Insurance House with a view of bearing the additional costs incumbent on the patients for purchasing one of Roche products, as a result of the new TRP (Therapeutic Reference Price for reimbursement), (ii) acquiring medical data from a private dialysis center, (iii) entering into a service agreement with Euromedic, one of the largest private hospitals in Romania (iv) outlining the options available for transferring the costs incurred by the payment of the claw-back fee to a Romanian Ministry (v) the regulatory matters regarding the relations between the pharmaceutical companies and health care practitioners etc.
One the world’s largest developers of consumer electronics, computer software, online services, and personal computers in respect of the intellectual property rights-related aspects entailed by the launch of the Romanian services of its on-demand music and video store, one of the largest in the world.