Mușat & Asociații advises Ecolab on its strategic acquisition of Purolite Corporation

Musat & Asociatii advised Ecolab, a global leader in water, hygiene and infection prevention solutions and services, on the Romanian law aspects of its strategic acquisition of Purolite Corporation, involving around 30 jurisdictions over six continents. The acquisition was structured as a cash transaction and valued at approximately USD 3.7 billion. Purolite is a global…

Print Friendly, PDF & Email
Details

Mușat & Asociații advises Sika AG on its EUR 5.2 billion acquisition of MBCC Group

Musat & Asociatii advised Switzerland’s construction chemicals group Sika AG on all Romanian legal aspects of its EUR 5.2 billion acquisition of MBCC Group (Master Builders Construction Chemicals) from Lone Star Funds, a global private equity firm. The acquisition is subject to regulatory clearances and is expected to close by the end of 2022. With…

Print Friendly, PDF & Email
Details

Mușat & Asociații advised Catted on the sale of logistics park in Chitila and of a 45.ooo sqm land in Ștefănești to Globalworth

Mușat & Asociații advised Catted, a Romanian logistics and warehousing company, on the sale of logistics park Business Park Chitila, with a total leasable area of 7000 sqm, and of a 45.ooo sqm land in Ștefănești to estate developer Globalworth. With this strategic partnership, Catted and Globalworth aim to strengthen their offering for small and…

Print Friendly, PDF & Email
Details

Noutati fiscale | Reducerile acordate prin OUG nr. 153/2020 pot fi incluse în formularul 101 modificat

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Declarația fiscală 101 și instrucțiunile sale de completare au fost ajustate prin intermediul Ordinului nr. 423/2022. Aceste modificări erau așteptate deoarece din…

Print Friendly, PDF & Email
Details

Noutati fiscale | O nouă amnistie fiscală aplicabilă indemnizațiilor de delegare și detașare pentru activitățile salariaților din străinătate

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Mult așteptata Lege nr. 72/2022 pentru anularea unor obligații fiscale și pentru modificarea unor acte normative a fost publicată în data de…

Print Friendly, PDF & Email
Details

Noutati fiscale | Noi facilități fiscale acordate în contextul conflictului militar de pe teritoriul Ucrainei

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Având în vedere necesitatea de a fi întreprinse în continuare măsuri de sprijin şi asistenţă umanitară pentru cetăţenii ucrainieni sau apatrizii afectaţi…

Print Friendly, PDF & Email
Details

Mihai Popa, Deputy Managing Partner și Coordonator al Departamentului de Restructurare și Insolvență din cadrul Mușat & Asociații, lector în cadrul Conferinței Naționale de Insolvență

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Institutul Național de Pregătire a Practicienilor în Insolvență (INPPI), în parteneriat cu Institutul Național al Magistraturii (INM) și editura Universul Juridic a…

Print Friendly, PDF & Email
Details

Noutati fiscale | Noi reguli privind implementarea Sistemului RO e-Transport, precum și noi măsuri propuse de coaliția de guvernare

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. 1. Noul sistem RO e-Transport a fost implementat prin intermediul Ordonanței de Urgență nr. 41/2022, în vigoare din 11 aprilie 2022. Adoptarea…

Print Friendly, PDF & Email
Details

The In-House Lawyer magazine: EPPO regulation in Romania: a new chapter in criminal investigations of fraud with EU funds

In this article in The Legal 500 (Legalease)‘s In-house Lawyer magazine, winter 2022 edition, Partner Alexandru Terta and Managing Associate Stefan Diaconescu highlight the essential role that the European Public Prosecutor’s Office (EPPO) will play in criminal investigations aimed at preventing and sanctioning individuals and/or legal entities who perpetrate crimes against the financial interests of the…

Print Friendly, PDF & Email
Details

The In-House Lawyer magazine: Hot topic in future real estate investments: Romania’s assistance plan for market sectors

Looking ahead, 2022 could be a crucial year for real estate investments in Romania. The implementation of the country’s National Recovery and Resilience Plan (NRRP) calls for extensive legislative changes that may have a real impact on the business environment. In this second article in The Legal 500 (Legalease)‘s In-house Lawyer magazine, the winter 2022…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 2: “VERTICAL” IN THE SPOTLIGHT: OVERVIEW OF DISTRIBUTION SYSTEMS

What? Before diving into the individual restrictions of competition that typically appear in vertical agreements, it is useful to first focus on the main types of distribution systems. Such types include exclusive distribution, non-exclusive or free distribution, selective distribution, franchising and agency. Suppliers can opt for a single system that covers the entire EEA, but…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 6: “VERTICAL” IN THE SPOTLIGHT: NON-COMPETE RESTRICTIONS

What? Distribution agreements often contain non-compete clauses. They impose restrictions on a distributor’s ability to manufacture or sell products competing with the products covered by the distribution agreement, the so-called contract products. Let us make things concrete. A distributor is appointed to sell vacuum cleaners of brand A (the contract products). The non-compete restriction determines…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 8: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS (GENERAL)

What? Vertical agreements often contain a vast number of provisions, regulating different aspects of a vertical relationship. However, the EU competition rules determine that certain provisions cannot be included in distribution agreements since they impede competition to an extent that cannot be permitted. These are the so-called “hardcore restrictions”. Hardcore restrictions can be imposed both…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 11: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS EQUIVALENCE

What? Online sales restrictions are under close scrutiny from the European Commission and national competition authorities. It is well established that outright online sales bans are qualified as hardcore restrictions, which cannot benefit from the VBER. However, also with respect to other online sales restrictions businesses must tread carefully. For example, in a selective distribution…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 14: “VERTICAL” IN THE SPOTLIGHT: ACTIVE SALES RESTRICTIONS (ROLLING OVER PROHIBITION)

What? Classic notions in the world of vertical agreements are those of “active sales” and “passive sales”. Active sales involve some form of active targeting of a particular customer group or territory. Passive sales consist of transactions in response to unsolicited requests from individual customers without having initiated the sales by means of active targeting…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 15: “VERTICAL” IN THE SPOTLIGHT: DUAL DISTRIBUTION (EXTENSION OF EXCEPTION TO WHOLESALERS AND IMPORTERS)

What? Dual distribution occurs where a supplier sells goods or services both directly and through independent distributors, thereby competing with these independent distributors on the downstream market. A classic example would be that of a manufacturer of a clothing brand who sells these clothes in his own stores but also relies upon independent retailers to…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 19: SELECTIVE DISTRIBUTION

What? One of the common types of distribution agreements are selective distribution agreements. In a system of selective distribution, the supplier undertakes to sell the contract goods or services, either directly or indirectly, only to distributors selected on the basis of specified criteria and these distributors undertake not to sell such goods or services to…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 18: “VERTICAL” IN THE SPOTLIGHT: DUAL DISTRIBUTION INFORMATION EXCHANGE (ARTICLE 2(7) VBER)

What? Dual distribution occurs where a supplier sells goods or services both directly and through independent distributors, thereby competing with these independent distributors on the downstream market. A classic example would be that of a manufacturer of a clothing brand who sells these clothes in his own stores but also relies upon independent retailers to…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 17: “VERTICAL” IN THE SPOTLIGHT: DUAL DISTRIBUTION INFORMATION EXCHANGE (ARTICLE 2(5) VBER)

What? Dual distribution occurs where a supplier sells goods or services both directly and through independent distributors, thereby competing with these independent distributors on the downstream market. A classic example would be that of a manufacturer of a clothing brand who sells these clothes in his own stores but also relies upon independent retailers to…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 13: “VERTICAL” IN THE SPOTLIGHT: ACTIVE SALES RESTRICTIONS (PARALLEL IMPOSITION REQUIREMENT)

What? Classic notions in the world of vertical agreements are those of “active sales” and “passive sales”. Active sales involve some form of active targeting of a particular customer group or territory. Passive sales consist of transactions in response to unsolicited requests from individual customers without having initiated the sales by means of active targeting…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 12: “VERTICAL” IN THE SPOTLIGHT: ACTIVE SALES RESTRICTIONS (EXCLUSIVITY CONDITION)

What? Classic notions in the world of vertical agreements are those of “active sales” and “passive sales”. Active sales involve some form of active targeting of a particular customer group or territory. Passive sales consist of transactions in response to unsolicited requests from individual customers without having initiated the sales by means of active targeting…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 9: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS RESALE PRICE MAINTENANCE

What? Certain types of vertical restraints are particularly likely to hinder competition and harm consumers. These hardcore restrictions will not benefit from the safe harbour provided in the VBER and will often amount to an infringement of Article 101 TFEU. Resale price maintenance (“RPM”) constitutes a prime example of such hardcore or black-listed restrictions. RPM…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 7: “VERTICAL” IN THE SPOTLIGHT: NON-COMPETE RESTRICTIONS (POST TERM)

What? Suppliers often provide commercial know-how to their distributors which they would not want to benefit their competitors. A critical situation in that respect is obviously the period immediately following the termination of a distribution agreement. The distributor is likely to switch to a competing supplier and there is a real risk that the distributor…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 3: AGENCY (LEGAL TEST)

What? The particular nature of agency agreements triggers the application of a specific competition law regime. This regime is based on a split between (i) the role assumed by the agent acting as an intermediary of the principal (i.e. where he is trying to secure transactions for the principal) and (ii) the position of the…

Print Friendly, PDF & Email
Details

DLC NEWSLETTER 1: EUROPEAN COMPETITION RULES RELATING TO DISTRIBUTION, AGENCY AND SUPPLY AGREEMENTS ABOUT TO CHANGE

COMMENCEMENT OF DLC COUNTDOWN NEWSLETTERS GETTING READY FOR 1 JUNE 2022   What? No business wants to run the risk that its distribution, agency or supply agreements (also known as “vertical agreements”) are found to be unlawful and invalid. Even worse, no business wants to be trapped by a competition authority and pay fines or…

Print Friendly, PDF & Email
Details

Inspecțiile fiscale pe final de 2021. Cazurile predilecte de control și ce e de făcut.

Răzvan Stoicescu, Deputy Managing Partner Răzvan Graure, Tax Partner După un an 2020 în care autoritățile fiscale au manifestat indulgență, 2021 pare să fie într-adevăr marcat, nu doar în România, dar și în lume, de intensificarea controalelor fiscale. Nici finalul de an nu pare să se dezică de la acest trend, drept pentru care articolul…

Print Friendly, PDF & Email
Details

Musat & Asociatii’s Managing Associate Stefan Diaconescu wins Rising Star Award for Romania at the Rising Stars Awards EMEA 2021

Congratulations to Managing Associate Stefan Diaconescu, winner of the Rising Star Award for Romania at the Rising Stars Awards EMEA 2021, awarded by Euromoney’s Legal Media Group, part of the prestigious IFLR1000 guide. The awards celebrate EMEA’s future legal leaders from law firms and in-house teams, recognizing rising star lawyers across 28 practice areas and…

Print Friendly, PDF & Email
Details

Mușat & Asociații advises Google on its $2.1 billion acquisition of smart health wearables company Fitbit

Musat & Asociatii advised tech giant Google LLC (Google) on all Romanian legal aspects of its acquisition of Fitbit for a total equity value of approximately USD 2.1 billion.  Founded 13 years ago, Fitbit is currently one of the leading producers of smart health and fitness wearable devices, with more than 29 million active users…

Print Friendly, PDF & Email
Details

Mușat & Asociații obtains a new favourable solution in front of the High Court of Cassation and Justice that questions the tax treatment of sponsorship/patronage/private scholarships expenses

Mușat & Asociații’s lawyers obtain a new favourable solution in front of the High Court of Cassation and Justice that for the first time questions the practice of the tax authorities regarding the tax treatment applicable to sponsorship/patronage/private scholarships expenses   Press Release The team of lawyers specialised in tax litigation from Mușat & Asociații’s…

Print Friendly, PDF & Email
Details

Mușat & Asociații appoints new Managing Partner and promotes three new Partners. Another eight lawyers are promoted to senior positions

Musat & Asociatii is delighted to announce the consolidation of its core partnership by appointing Paul Buta as Managing Partner and promoting three new Partners (Alexandru Terța, Iuliana Iacob and Andrei Ormenean). All four are exceptional lawyers with a combined professional experience of more than 55 years and a long and impressive career with the…

Print Friendly, PDF & Email
Details

Mușat & Asociații authors The Legal 500’s 2022 Employment & Labour Law Country Comparative Guide

As exclusive contributors to the Romanian chapter of this year’s Employment & Labour Law Country Comparative Guide published by the international legal directory The Legal 500, Deputy Managing Partner Mihai Popa and Managing Associate Simona Anton answer key questions for employers, from employee rights or protections to navigating termination of employment. You can find out…

Print Friendly, PDF & Email
Details

Mușat & Asociații advises lenders on financing the acquisition of several companies in the B2B distribution market by private equity firm FSN Capital

Mușat & Asociații successfully advised the syndicate of banks comprised of Jefferies Finance LLC, J. P. Morgan and Danske Bank A/S, as lenders, on the Romanian law aspects involving the Romanian company BFG Packaging SRL, as part of the EUR 650 million financing of the multijurisdictional acquisition of four companies in the business-to-business (“B2B”) distribution…

Print Friendly, PDF & Email
Details

New threats in cybercrime and how to overcome them

By Managing Associate Stefan Diaconescu Cybercrime is rapidly growing in numbers in the current economic and social context in which communication, trading, business meetings or shopping take place mostly online. Threats arising from cyberspace are more and more sophisticated, with recent surveys showing that persons who perpetrate frauds are becoming ever more adept at misleading…

Print Friendly, PDF & Email
Details

Mușat & Asociații authors the Lexology GTDT’s Labour & Employment 2022 chapter for Romania

For the second year in a row, Muşat & Asociaţii authors the Lexology GTDT’s Labour & Employment chapter for Romania. Managing Associate Simona Anton and Senior Associate Evelina Mieisor-Grecu highlight key employment issues businesses should consider and give an overview of worker representation, hiring employees, including foreign workers, liability for acts of employees, taxation, employee-created…

Print Friendly, PDF & Email
Details

Mușat & Asociații authors Thomson Reuters’ 2022 Q&A guide to equity capital markets law in Romania

In Thomson Reuters’ latest Q&A guide to equity capital markets law in Romania, part of their Practical Law Series, Deputy Managing Partner Razvan Stoicescu, Managing Associate Adrian Danciu & Senior Associate Robert Urmosi outline legislation and listing requirements, offering structures, advisers, prospectus/offer document, marketing, bookbuilding, underwriting, timetables, stabilisation, tax, continuing obligations and de-listing. You can…

Print Friendly, PDF & Email
Details

Thomson Reuters’ International Banking Law and Regulation 2020 – Monia Dobrescu authors Romanian Chapter

Banking Partner Monia Dobrescu writes about concepts of “Credit Institution” and “Bank”— Credit institution and the general procedure for the authorization of banks in Romania, in Thomson Reuters’ April 2020 edition of International Banking Law and Regulation, Romanian law chapter. You can read more HERE Reprinted from International Banking Law and Regulation (April 2020 update) with permission. Copyright…

Print Friendly, PDF & Email
Details

Guvernul acordă bonificații pentru plata unor obligații fiscale și prorogă unele termene de depunere prin OUG 69/2020 adoptată recent

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Ordonanța de urgență nr. 69/2020 prin care Guvernul acordă bonificații pentru plata unor obligații fiscale, prorogă unele termene, precum și alte măsuri…

Print Friendly, PDF & Email
Details

COVID 19: Brief guidance for employers during the state of alert

Starting with 15th of May 2020, the state of emergency was replaced with the state of alert in Romania. Therefore, while the legislative context in continuous change is still imposing protective measures, the Romanian Government is looking to gradually relax the lockdown measures.   1. Measures impacting employment relationships  (i) Employees must consent for telework.…

Print Friendly, PDF & Email
Details

(Română) Concordatul preventiv – mecanism de salvgardare a companiilor afectate financiar de Covid-19

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. Autori: Mihai Popa, Deputy Managing Partner și Diana Dobromir, Senior Associate   Epidemia cauzată de coronavirus a provocat tulburări majore pentru economia…

Print Friendly, PDF & Email
Details

EDPB Adopts Further Covid-19 Guidelines on Geolocation and the Processing of Health Data

On 21 April, within its Plenary Session, the European Data Protection Board (EDPB) adopted two essential guidelines on the major data processing activities performed in the context of the Covid-19 pandemic: Guidelines 04/2020 on the use of location data and contact tracing tools in the context of the COVID-19 outbreak  (Guidelines 04/2020) and Guidelines 03/2020…

Print Friendly, PDF & Email
Details

Covid-19: Economic measures covering the banking and financial sector

Covid-19: Economic measures covering the banking and financial sector. Facilities in relation to loans granted by credit institutions and non-banking financial institutions to certain categories of borrowers The National Bank of Romania (the “NBR”) issued a press release on 24 March 2020, pursuant to which the current regulations allow the borrowers, banking and non-banking institutions,…

Print Friendly, PDF & Email
Details

The statement regarding the ultimate beneficial owner of a company in the context of the state of emergency in Romania – clarifications regarding the obligation to submit it

According to Law no. 129/2019 for the prevention and combating of money laundering and terrorism financing, as well as for the amendment and completion of some normative acts (“Law 129/2019“), companies have the obligation to submit, at the moment of registration, annually or whenever a change occurs, a statement regarding the actual beneficial owner of…

Print Friendly, PDF & Email
Details

New measures impacting certain categories of workers and professionals during the emergency state

Through the Military Ordinance no. 8/2020 published in the Official Gazette no. 301 on 10th of April, 2020, there were instituted a new series of measures to prevent the spread of COVID-19, which directly envisage certain categories of workers and/or professionals, as presented below.   (i) Exceptions from the circulation restriction during the emergency state…

Print Friendly, PDF & Email
Details

Coronavirus Legal Updates – Digitalization of Romania

In the context of the COVID-19 epidemic, the Government of Romania has come to support its citizens and public institutions, through the Authority for Digitalization of Romania, in partnership with Aurachain, the Association for Advanced Technologies – ATA, BitHat Solutions and Telekom Romania by launching a digital platform, namely “https://aici.gov.ro/”. The objective of the newly…

Print Friendly, PDF & Email
Details

Coronavirus: One Stop Shop for helping companies to request a Certificate for Situation of Emergency (CSE)

As the new Coronavirus continues to threaten our lives, the nation-wide heavy restrictions continue to disrupt our livelihoods and businesses need to address the economic challenges they face: significant pressure on their workforce, business partners, supply chains, revenues.  As part of the Romanian’s Government plan to aid heavily hit businesses during the economic near shutdown,…

Print Friendly, PDF & Email
Details

(Română) CORONAVIRUS: UPDATE – NORMELE DE APLICARE VIZÂND FACILITĂȚILE ACORDATE DE GUVERN ANUMITOR CATEGORII DE DEBITORI, CONFORM OUG NR. 37/2020

Sorry, this entry is only available in Romanian. For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language. În Monitorul Oficial nr. 285/06.04.2020, Guvernul a publicat H.G. nr. 270/02.04.2020 prin care a aprobat normele de aplicare a prevederilor OUG nr.…

Print Friendly, PDF & Email
Details