Vlad Cercel

Vlad Cercel focuses on PPP/concession and public procurement projects, as well as electronic communications and IT.

He has a wealth of practical experience in advising on PPP/concession and public procurement matters, including on the application and implementation of the various stages of procedures for awarding PPP and concession contracts, and has in-depth knowledge of the particularities of public procurement, concessions and PPP regulations in specific infrastructure sectors, such as: roads infrastructure, airports, parking facilities, social infrastructure and public utilities.

He has represented leading sponsors, lenders, development banks, project originators, equipment suppliers, infrastructure funds, as well as public sector entities in relation to public procurement, concessions and public-private partnership agreements.

Vlad Cercel has amassed considerable industry knowledge and expertise in advising on a broad range of legal and regulatory matters in the electronic communications and IT field.

In his capacity as one of the main coordinators of the firm's projects in this area, he has been involved in negotiating and drafting sector-specific contracts, including agreements on access and interconnection, facility sharing, value-added services, network building, outsourcing, equipment, service provision, broadcasting and retransmission agreements.

He has also covered authorization and licensing procedures and other specific matters in these areas, including mergers and acquisition projects in the TMT sector.

Prior to entering private practice, Vlad Cercel worked with the Romanian Regulatory Authority for Communications, where he was directly involved in drafting the primary and secondary legislation applicable to the sector as part of Romania's integration into the European Union. He also handled a broad range of legal matters in the electronic communications sector.

He speaks English fluently and is a Certified Expert in Public Procurement, accredited by the Romanian authority, the ANC (formerly the CNFPA, the National Council for Adult Vocational Training).

Relevant Matters:

• Member and co-coordinator of the legal team assisting a Governmental Authority in relation to the first two infrastructure concession/PPP projects in Romania structured on a project-finance basis worth approx. EUR 1.2 billion and approx. EUR 2 billion respectively, including assistance throughout the award procedure, drafting the relevant documentation and legal advice provided in the process of awarding the future concession contracts.
• Member and co-coordinator of the legal team assisting a local municipality in the conclusion of a 20-year concession agreement with French company Veolia covering heat generation, transport, distribution and supply services in the city.
• Co-coordinator of the team of legal experts assigned by an international financing institution to assist the Romanian authorities in the preparation of the national legislation on public procurement implementing the provisions of Directive 2014/24/EU on public procurement and in the preparation of standard national infrastructure works contracts used by contracting authorities;
• Co-coordinator of the legal team retained by a duty-free services company involved in the negotiations and subsequent performance of a 12-year joint-venture agreement on the operation of the commercial areas on the Bucharest Otopeni Henri Coandă International Airport;
• Co-coordinator of the legal team advising a telecom company on the largest deal in telecom in Romania, part of a EUR 18.4 billion cross-border deal in the telecommunication sector, as well as in the subsequent merger through absorption.
• Member and co-coordinator of the legal team retained by one of the main mobile telecom operators in Romania in relation to the first long-term network sharing agreement between two telecom operators in Romania including defining, structuring and implementing the related contractual framework.
• Coordinator of the legal team advising the largest fixed-line telecom company in Romania on various electronic communications matters, including: negotiations of access and interconnection agreements; disputes with other operators on the conclusion of interconnection agreements and with respect to the applicable interconnection rates; drafting memos on the applicable legal framework regulating the universal service in Romania as well as in connection with other regulatory issues that may affect the client’s regular business activities; challenging decisions of the regulatory authority with regard to increasing the interconnection rates charged by mobile operators; competition matters in the electronic communications sector; preparing amending proposals to draft regulatory measures.