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Specialist Guide to the

Global Leaders in Media Law Practice

From a legal standpoint, there are several important developments that are

expected in the foreseeable future.


One of them is the transposition into national legislation of the Directive on the European Electronic Communications Code, enacted at EU level at the end of 2018.


This will bring numerous changes to the legal framework on electronic communications, such as introducing a lighter form of regulation to OTT services, and is expected to contribute to the increase in coverage of high-capacity networks.


On 15 December 2020, EC Vice President Margrethe Vestager announced the first drafts of the Digital Services Act and the Digital Markets Act.


The Digital Services Act focusses on regulating platform content and enhancing transparency and accountability. The Digital Markets Act aims to promote competition by ensuring fair and contestable markets in the digital sector.


These new European regulations, together, form

the Digital Service Package, an ambitious reform of the regulation intended for the digital environment.


The reform is expected to enhance the safety and protection of human rights in the digital sphere, while fostering competition and innovation.


Lastly, on 04 December 2020, the Romanian National Authority for Administration and Regulation in Communications launched its 2021 Action Plan for public consultation.


According to the plan, a 5G auction will be launched in Q2 of 2021, with auction rules and requirements to be set out during the first quarter.


It is estimated that the implementation of the 5G technology in Romania will generate more than EUR4 billion in revenue by 2025, and more than 250,000 new jobs. In terms of transactions, 2020 highlights include:


(i) the merger through absorption between Vodafone Romania and UPC Romania - finalised in April 2020,


(ii) the multi-million euro acquisition of Digital Cable Systems and AKTA Telecom by ATTP Telecommunications, part of Clever Media Network Group - partial closing took place in July 2020


(iii) a multi-million euro transaction whereby Clever Media Network Group acquired Prima TV, one of the most important TV stations in Romania - final closing in August 2020


(iv) the acquisition by Orange Romania of a 54% controlling share in fixed operator Telekom Romania Communications for a total purchase price of EUR268 million - signing took place in November 2020.


As evidenced by the Media Fact Book report compiled by local media agency Initiative, the media market is expected to grow by 4% in 2021, up to the value of  EUR485 million, especially supported by media investments in digital and TV.


Written by

Cătălin Baiculescu & Vlad Cercel

Tuca Zbarcea & Asociatii

TIER 1

Nestor Nestor Diculescu Kingston Petersen has its expertise in broadcasting, content distribution, publishing and advertising. Clients praise the team for its legal insight and responsiveness. “The firm’s lawyers demonstrate a high standard of advice, with particular knowledge of the Romanian television industry”, said one client. Led by Adina Chilim-Dumitriu, the team advises on complex cases connected with broadcasting agreements, advertising and related regulation, tax and corporate matters.


Tuca Zbarcea & Asociatii’s leading media and advertising group attracts multiple clients from the broadcast sector. With assistance including legal and regulatory, the firm’s service areas cover a range of matters including television distribution, digital broadcasting and authorisation. Key practitioner Sorin Vlădescu has in-depth experience advising on electronic communication and audio-visual law. Cătălin Băiculescu is also highlighted for his entertainment and publishing specialisations.


TIER 2

Bulboaca & Asociatii has notable expertise in the area of film and entertainment. TMT lawyers act for a multitude of local and international clients in cases of acquisitions and spectrum licensing. The team assists with the provision of electronic content in Romania via EU established entities in cases with cross-border components - involving data protection, e-commerce and advertising regulations.


Musat & Asociatii is recognised for its transactional and regulatory advice on broadcasting and communications. Under the joint leadership of Anca Buta Musat and Iulian Popescu, the team advises on high profile cases involving television and radio operators, entertainment companies and music record labels. The firm represents private and state-owned entities and is renowned for its diverse sector coverage.


Popovici Nitu Stoica & Asociatii covers competition and regulatory aspects of media work with a broader focus on technology and telecoms. The team assists with copyright matters, data protection and privacy. Florian Nitu and Silviu Stoica are among the firm’s key media contacts who have detailed knowledge of distribution and e-commerce regulatory compliance.


TIER 3

Biris Goran has an impressive scope of media work. Traditionally focussed on IT, the firm is developing broader sector specialisation that includes advertising, gaming and online media. The firm is popular among the entrepreneurial community and noted for its advice to start-up businesses. Lawyers regularly advise on venture capital transactions in the gaming and new media sectors.


With a communications emphasis, Buzescu Cas core focus is on digital media. The team has in-depth knowledge of satellite communications services, local television and electronic media. Team experience includes advice on the sale of assets and subscriber lists to a leading cable television, internet and voice services companies. In other work lawyers assisted a satellite operator, which provides television, radio, data and communications solutions on various operational matters.


With presence spanning two decades, CMS has a strong position locally. Managing partner Gabriel Sidere specialises in business litigation and international arbitration matters. The team also advises producers and operators from the cinema industry on various changes in cinematographic law. Lawyers also advise on the collective management of IP rights, copyright legislation and tax matters.

 

With an established media practice Voicu & Filipescu manages a range of cases on behalf of advertisers, broadcasters and content producers. Clients described the team as a composition of “skilful lawyers, with valuable insight of the market and a very good understanding of legal matters”. Marta Popa directs the firm’s media department and advises on copyright shares, the distribution of themed channels and rating of audio-visual content.


TIER 4

Andra Musatescu Law has vast experience advising multinational clients on copyright, enforcement and licensing. In highlighted work the team advised a leading German media company on a case involving copyright for which the team, led by Andra Musatescu, successfully negotiated a settlement. Lawyers also have experience advising on unfair competition and contractual matters.


D&B David and Baias (Associated with PwC) is primarily focussed on copyright, commercial and regulatory work. Lawyers regularly advise on broadcasting, information technology, internet, database and software protection. Other areas of advice include digital content, compliance and license agreements.


TIER 1

bpv Grigorescu Stefanica

Dentons

Nestor Nestor Diculescu Kingston Petersen

Tuca Zbarcea & Asociatii


TIER 2

Bulboaca & Asociatii

Cosmin Mocanu Law Office

Musat & Asociati

Filip & Company

Popovici Nitu Stoica & Asociatii

Stratula & Asociatii


TIER 3

Biris Goran

Buzescu Ca

CMS  

PeliPartners

RTPR Allen & Overy

Voicu & Filipescu


TIER 4

Andra Musatescu Law   

Clifford Chance Badea

Eversheds Lina & Guia

Stratulat Albulescu


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