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Subrata Bhattacharjee

National Business Leader, Corporate Commercial

Toronto
SBhattacharjee@blg.com
416.367.6371

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Subrata is National Co-Chair of the firm’s Competition and Foreign Investment Review 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 Sectiion 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, and serves on a number of firm committees.

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.

À l'extérieur de BLG

Activités professionnelles

  • 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)

Activités communautaires

  • 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

Bar Admission & Education

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