Subrata Bhattacharjee

National Co-Chair of the Competition and Foreign Investment Review Group

Toronto
SBhattacharjee@blg.com
416.367.6371

Subrata is National Co-Chair of the firm’s Competition and Foreign Investment Review Group and National Business Leader of the firm's Corporate Commercial Group. He is recognized for providing strategic competition, foreign investment and regulatory advice to global corporations on complex matters of high reputational and commercial significance.

He focuses his practice on all aspects of Canadian competition/antitrust law, foreign investment law and regulatory litigation, including quasi-criminal and constitutional matters.  Much of this advice has focused on the data, media and technology sectors, including major global digital platforms.

Subrata has consistently been named as one of Canada’s leading competition/antitrust lawyers in the most prominent international and domestic peer review surveys.

He has led the defence of clients in major international and domestic cartel investigations and related litigation, including class actions, cleared major multi-jurisdictional and domestic mergers in virtually all industry sectors, and provided advice on other contentious and compliance matters under the Canadian Competition Act.

Subrata carries on an extensive foreign investment practice, and has advised non-Canadian investors (including state owned enterprises) on Canadian foreign investment issues under the Investment Canada Act and other federal policies/legislation including national security reviews. He also provides high level advice on government relations, regulatory strategy and policy issues to global and domestic clients, particularly in the media and technology sectors.

Subrata has appeared as counsel in all levels of court in the Province of Ontario, the Federal Court and the Supreme Court of Canada.

Recent matters of note include advising Netflix on its C$500m Canadian production investment and the establishment of Netflix Canada, lead representation of Deutsche Bank AG in the Canadian aspects of the LIBOR, precious metals, foreign exchange and sovereign bond matters, and ongoing advice to Samsung Electronics Company and Samsung Canada on numerous competition law and regulatory matters.

Subrata is active in the international competition policy community. He is one of the few non-U.S. attorneys to have served as an Officer and on the Council of the American Bar Association Antitrust Law Section after holding successive senior leadership positions in the Section. He is also a Non-Governmental Advisor to the International Competition Network (ICN) appointed by the Canadian Competition Bureau.

He is routinely cited as an expert in Canadian competition/antitrust in major international and domestic business publications, including the Financial Times, Bloomberg, Globe and Mail and National Post.

He has been an invited participant in programs organized by the World Economic Forum, World Knowledge Forum, Asia Pacific Economic Council and International Competition Network.

Subrata is Co-Chair of the firm’s Korea Practice and a member of its Asia Pacific Steering Committee.

Experience - Mergers

  • Hong Kong Exchanges and Clearing Limited (“HKEX”) on the Canadian aspects of its UKP 31.6 billion offer for London Stock Exchange Group plc (financial services).
  • Pan American Silver Corp as global regulatory coordinating counsel in its US$ 1.07 billion acquisition of Tahoe Resources Inc. (natural resources).
  • RBC GAM Inc. in its strategic alliance with BlackRock Asset Management Canada Ltd. concerning ETF products (financial services).
  • Capital Power Corporation in its C$1 billion acquisition of Goreway Power Station Holdings Inc. (energy).
  • Imperial Metals Corporation in its sale of a 70 per cent interest in the Red Chris mine in British Columbia to Newcrest Mining Limited for US$806.5 million and a follow-on joint venture between the parties for the ongoing operation of the Red Chris mine (natural resources).
  • COSCO Shipping Holdings Co. Ltd. (COSCO) and Orient Overseas International Ltd. (OOIL) in COSCO’s US $6.3B acquisition of OOIL (transportation).
  • Sumitomo Corporation in its acquisition of 26.08% of the shares of Sumitomo Precision Products Co. from Nippon Steel and Sumitomo Corporation (industrial).
  • Retirement Concepts in its acquisition by Anbang Insurance Group (real estate).
  • Cabela's Incorporated in its US$5.5 billion acquisition by Bass Pro Shops (retail).
  • Alterra Power Corp. in its C$1.1 billion acquisition by Innergex Renewable Energy Inc. (energy).
  • VCA, Inc., in connection with their US$9.1 billion acquisition by Mars, Incorporated (professional services).
  • Bedrock Industries, in its C$500 million acquisition of Stelco Inc. (industrial).
  • Zayo Group Holdings in its C$465 million acquisition of MTS Allstream (technology/telecommunications).
  • HollyFrontier Corporation, in its C$1.125 billion acquisition of Suncor Energy's Petro-Canada Lubricants business (industrial).
  • Globalive Capital, as a member of an investor consortium, on refinancing, restructuring and the ultimate C$1.6 billion sale of their portfolio company, WIND Mobile (now Freedom Mobile). (technology/telecommunications).
  • Northern Property REIT, in its creation of a C$3 billion national multi-family REIT through the acquisition of True North Apartment REIT and C$535 million multi-family portfolio from Starlight Investment Ltd. (real estate).
  • Health Care REIT, Inc. in its C$1 billion acquisition of HealthLease Properties REIT (real estate).
  • Globalive Capital in its C$300 million acquisition of WIND Mobile (technology/telecommunications).
  • Balfour Beatty PLC in connection with its US$1.35 billion sale of Parsons Brinckerhoff Group Inc. to WSP Global Inc. (professional services).
  • Arris Group in its US$2.35 billion sale of Motorola Home to Google, Inc. (technology).
  • The Danaher Corporation in its US $6.8 billion acquisition of Beckman Coulter, Inc. (health care).
  • Lions Gate Entertainment in its successful defence of an unsolicited bid by Carl C. Icahn (media/entertainment).
  • Philip Morris International in its C$2 billion acquisition of Rothmans, Benson & Hedges, Inc. (industrial).
  • Teck Cominco in its C$4.1 billion acquisition of Aur Resources Inc. (natural resources).
  • Abu Dhabi National Energy Company PJSC (TAQA) in its C$5 billion acquisition of PrimeWest Energy Trust (natural resources).
  • Abu Dhabi National Energy Company PJSC (TAQA) in its C$2 billion acquisition of Northrock Resources Inc. (natural resources).
  • Phelps Dodge Corporation in its proposed US $40 billion acquisition of Inco Ltd. and Falconbridge Ltd. (natural resources).

Experience - Cartel Defence, Class Actions & Investigations

  • Samsung Electronics Corporation, Samsung Electronics America and Samsung Electronics Canada in multiple Canadian class action proceedings related to the sale and supply of DRAM (DRAM II).
  • Samsung Electronics Canada in multiple Canadian class action proceedings related to the sale and supply of lithium batteries.
  • Samsung Electronics Corporation in multiple Canadian class action proceedings related to smart card chips.
  • Samsung SDI in multiple Canadian class action proceedings related to cathode ray tubes.
  • For various respondents in Competition Bureau inquiries under the deceptive marketing practices provisions of the Competition Act.
  • Hitachi LG Data Systems Inc. in multiple Canadian class action proceedings related to optical disc drives.
  • Deutsche Bank AG in the Canadian aspects of the international LIBOR investigation.
  • Deutsche Bank AG in multiple Canadian class action proceedings related to precious metals.
  • Deutsche Bank AG in multiple Canadian class action proceedings related to foreign exchange.
  • Deutsche Bank AG in multiple Canadian class action proceedings related to sovereign bonds.
  • Sanoh in multiple Canadian class action proceedings relating to automotive steel tubes.
  • Murata Manufacturing in multiple Canadian class action proceedings related to the sale and supply of inductors.
  • Minebea Inc. in multiple Canadian class action proceedings related to the sale and supply of small sized bearings.
  • Korean Air in the Canadian aspects of the international air cargo surcharge investigation and in multiple Canadian class action proceedings related thereto.
  • Korean Air in multiple Canadian class action proceedings relating to air passenger surcharges.
  • For multiple Japanese automotive component manufacturers in the Canadian aspects of the international automotive components investigation, and multiple Canadian class action proceedings related thereto.
  • For Global Fuels, Inc. in the Competition Bureau investigation and litigation relating to the sale and supply of retail gasoline in the province of Quebec.
  • For TVA International in the Competition Bureau abuse of dominance inquiry into film distribution in Canada.

Experience - Regulatory & Strategic Advice

  • Netflix, Inc. on the regulatory aspects of the establishment of its Canadian service, its subsequent C$500m Canadian production investment and establishment of Netflix Canada.
  • Numerous non-public advisory mandates in technology (including digital platforms), media and other sectors.

Beyond Our Walls

Professional Involvement

  • Director, Netflix Canada
  • Director, Canada China Business Council
  • Officer, American Bar Association Section of Antitrust Law, 2018-present
  • Council, American Bar Association Section of Antitrust Law, 2015-2018
  • Past Co-Chair, Committee Operations, American Bar Association Section of Antitrust Law, 2012-2015
  • Past Member, Long Range Planning Committee, American Bar Association Section of Antitrust Law, 2011-2012
  • Past Chair, Distribution & Franchising Committee, American Bar Association Section of Antitrust Law, 2009-2011
  • Chair, Canadian Chamber of Commerce Competition Law & Policy Committee
  • Past Chair, Criminal Matters Committee, Canadian Bar Association, Competition Law Section, 2008-2009
  • Appointed Non-Governmental Advisor (NGA) to International Competition Network – ICN Cartel Working Group (SG1 and SG2)

Community Involvement

  • Part-time Faculty (Competition Law), Dalhousie Law School, Halifax, Nova Scotia, 2001-2011
  • Special Lecturer, Trial Advocacy, Faculty of Law, Queen’s University, 1999-2001

Awards & Recognitions

  • Recognized in the 2020 and previous editions of Chambers Global - The World's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized in the 2020 and previous editions of Chambers Canada - Canada's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized as a 2019 (as well as previous years) Acritas Star by inhouse counsel as a stand out lawyer.
  • Recognized in the 2019 and previous editions of Who's Who Legal: The International Who's Who of Competition Lawyers (Competition Law).
  • Recognized in the 2019 and previous editions of Who's Who Legal: Canada (Competition Law).
  • Recognized in the 2020 edition of Who’s Who Legal: Thought Leaders – Competition (Global Elite - one of only three Canadian competition lawyers ranked).
  • Recognized in the 2020 edition of Best Lawyers in Canada (Competition/Antitrust Law).
  • Recognized in the 2019 and previous editions of The Canadian Legal Lexpert® Directory (Competition Law).
  • Recognized as a leading litigator in the 2019 edition of the Lexpert®/Report on Business Litigation Special Edition.
  • Recognized in the 2020 and previous editions of Global Competition Review's GCR 100.
  • Recipient, 2018 Lexpert Zenith Award for Mid-Career Excellence.
  • Recognized by the 2017 Client Choice Awards as the exclusive winner in the Competition and Antitrust category in Ontario.
  • Recognized by the South Asian Bar Association as Male Lawyer of the Year (2009).
  • Recognized by the Global Competition Review as one of the World's Top 40 Under 40 Competition Lawyers (2008).
  • Recognized as one of Lexpert®'s Rising Stars — Leading Lawyers Under 40 (2006).

Bar Admission & Education

  • Ontario, 1995
  • Post Graduate Diploma in EU Law, King's College London, 1996
  • Fox Scholar, Middle Temple, London, U.K., 1995
  • LLB, Dalhousie University, 1993
  • BA, Dalhousie University, 1990
  • BSc, Dalhousie University, 1989