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Subrata Bhattacharjee

Coprésident national, groupe Concurrence et examen des investissements étrangers

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 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 has been described by Who's Who Legal as "among the very best lawyers in Canada".

Subrata focuses his practice on all aspects of Canadian competition/antitrust law, foreign investment law, regulatory litigation and public policy advice.  He is particularly focused on the data, media and technology sectors, including major global digital platforms, and has been called a "go-to" lawyer for work in this area (Who's Who Legal, 2020).

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 - Cartel Defence, Competition 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.
  • Formosa Plastics Corporation in multiple Canadian class action proceedings related to optical disc drives.
  • Nova Sea A/S in Canadian class action proceedings related to the sale and supply of farmed salmon.
  • 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.
  • Wockhart in Canadian class action proceedings related to generic pharmaceutical pricing.
  • Hitachi LG Data Systems Inc. multiple Canadian class action proceedings related to optical disc drives.
  • 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 various respondents in Competition Bureau inquiries under the deceptive marketing practices provisions of the Competition Act.
  • 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
  • Past Director, Canada China Business Council
  • Officer, American Bar Association, Antitrust Law Section, 2018-present
  • Council, American Bar Association, Antitrust Law Section, 2015-2018
  • Past Co-Chair, Committee Operations, American Bar Association, Antitrust Law Section, 2012-2015
  • Past Member, Long Range Planning Committee, American Bar Association, Antitrust Law Section, 2011-2012
  • Past Chair, Distribution & Franchising Committee, American Bar Association, Antitrust Law Section, 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 2021 edition of Lexpert Special Edition: Technology
  • Recognized in the 2021 edition of Who’s Who Legal: Thought Leaders — Competition and in the 2020 edition - Global Elite (one of only three Canadian competition lawyers ranked).
  • Recognized in the 2022 and previous editions of Chambers Canada — Canada's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized in the 2021 and previous editions of Chambers Global — The World's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized in the 2021 edition of The Canadian Legal Lexpert® Directory (Corporate Commercial Law).
  • Recognized in the 2020 and previous editions of the Global Competition Review's GCR 100.
  • Recognized in the 2020 edition of Lexpert Special Edition: Litigation
  • Recognized in the 2020 and previous editions of The Canadian Legal Lexpert® Directory (Competition Law).
  • Recognized as a 2019 (as well as previous years) Acritas Star by in-house counsel as a stand out lawyer.
  • Recognized in the 2020 and previous editions of Who's Who Legal: The International Who's Who of Competition Lawyers (Competition Law).
  • Recognized in the 2020 and previous editions of Who's Who Legal: Canada (Competition Law).
  • Recognized in the 2022 and previous editions of The Best Lawyers in Canada (Competition/Antitrust Law and Class Action Litigation) 
  • Recognized as a leading litigator in the 2019 edition of the Lexpert®/Report on Business Litigation Special Edition.
  • 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 (Londres), 1996
  • Fox Scholar, Middle Temple, London, U.K., 1995
  • LLB, Université Dalhousie, 1993
  • BA, Université Dalhousie, 1990
  • BSc, Université Dalhousie, 1989