Subrata Bhattacharjee  

Partner

Executive Summary

Subrata is a Partner in our Toronto office and National Vice Chair of the Competition and Foreign Investment Review Group. He has consistently been recognized as one of Canada’s leading competition/antitrust lawyers in international and domestic peer review surveys. Clients and peers have described Subrata as "terrific to work with, incredibly enthusiastic, a good strategic thinker" (Chambers Global) and "one of the best competition experts in the country" (Who's Who Legal).

Subrata focuses his practice on all aspects of competition/antitrust law, foreign investment law and regulatory litigation, including quasi-criminal and constitutional matters. He has defended clients in major international and domestic cartel investigations, cleared major 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 as relevant to state owned enterprises. He has appeared as counsel in all levels of court in the Province of Ontario, the Federal Court and the Supreme Court of Canada.

Subrata is actively involved in the firm’s International Business practice with particular emphasis on East Asia. He also provides high level advice on government relations, regulatory strategy and policy issues to global and domestic clients.

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.

Subrata has been an invited participant in programs organized by the World Economic Forum, World Knowledge Forum, Asia Pacific Economic Council and International Competition Network, where he has served as a Non-Governmental Advisor since 2009.

Representative Work

  • Cartel Defence/Competition Class Actions: precious metals, LIBOR, foreign exchange, air cargo, automotive components, bearings, retail gas, after market sheet metal, LED traffic lights, lithium batteries, smart card chips, optical disk drives, automobile importation, freight forwarding and air passenger cases
  • Mergers: Zayo/MTS Allstream, Globalive Capital/Wind Mobile, Northern Property/True North, Parsons Brinkerhoff/WSP Global, Health Care REIT, Inc./Health Lease Properties REIT, Google/Arris, Danaher/Beckman Coulter, AGF Financial/B2B, Alliance Atlantis/Maple Pictures, Lionsgate/Icahn Group, Philip Morris International/Rothmans, Teck/Aur Resources, Abu Dhabi National Energy Company (TAQA)/PrimeWest, Phelps Dodge/Inco/Falconbridge.
  • Regulatory Strategy: regulatory policy and advocacy advice to major global and domestic clients, including Netflix LLC and Samsung Electronics.

Publications & Presentations

Subrata publishes and speaks widely on competition/antitrust law issues, foreign investment regulation and related topics, both domestically and internationally.  Recent publications and presentations include:

  • Co-Author, "Federal Government's 2017 Budget Bill Now In Force - Amends Key Review Threshold Under the Investment Canada Act," BLG Competition and Foreign Investment Review Bulletin, June 2017.
  • Co-Author, "Federal Government's 2017 Budget Bill will Amend Review Thresholds and Public Reporting Obligations Under the Investment Canada Act," BLG Competition and Foreign Investment Review Bulletin, April 2017.
  • Panellist, "Achieving an Efficient and Effective Leniency Programme" , 2016 International Competition Network (ICN) Cartel Workshop, Madrid, Spain, October 2016.
  • Speaker, "Debating the Developments", Canadian Bar Association Competition Law Fall Conference, Ottawa, Ontario, October 2016.
  • Program Chair, Global Seminar Series – Seoul, Korea, American Bar Association Section of Antitrust Law, Seoul, Korea, September 2016.
  • Speaker, "Merger Due Diligence – Cross Border Compliance Considerations", Canadian Bar Association Competition Law Section Teleseminar, January 2016.
  • Moderator & speaker, "Secrets of Successful International Investments", 16th Annual World Knowledge Forum, Seoul, Korea, October 2015.
  • Speaker, “Crime and Punishment: Issues in Criminal Competition Law”, presented at Emerging Issues in Business Litigation, DRI, Toronto, June 2015.
  • Speaker, “Private Remedies in Cartel Cases in Canada”, U.S. Council of International Business, Washington DC, April 2015.
  • Speaker, "Price Maintenance: What's New in Canada and the U.S.?", Canadian Bar Association Competition Law Section Teleseminar, March 2015.
  • Speaker, “Conflict and Comity in International Cartel Enforcement – Cutting Edge Issues”, New York State Bar Association Antitrust Section Annual Meeting, New York, New York, January 2015.
  • "Market Power and Market Definition" (with Denes Rothschild) in Fundamentals of Canadian Competition Law (3rd ed) CBA/Carswell, 2015.
  • Panellist, "Critical Moments in Cooperation", 2014 International Competition Network (ICN) Cartel Workshop, Taipei, Taiwan, October, 2014.
  • Moderator, "International Perspectives on the Interface Between Sector Regulation and Competition Law" presented at 9th Annual Canadian Bar Association Spring Conference, Toronto, Ontario, June 2014.
  • Speaker, "Distribution Developments in Canada," presented at 62nd Annual Antitrust Spring Meeting of the American Bar Association, Washington, DC, April 2014.
  • Speaker, "Asian Investment in North America and North American Investment in Asia 2013," 2013 International Bar Association Annual Conference, Boston, October 2013.
  • Speaker, “International Antitrust Fundamentals,” presented at Fundamentals — Antitrust, 61st Annual Antitrust Spring Meeting of the American Bar Association, Washington D.C. April 2013.
  • Speaker, “International Antitrust Fundamentals,” American Bar Association Section of Antitrust Law Teleseminar, October 2012.
  • Speaker, "A Comparative Study of Remedies Available in Misleading Advertising Cases — Canada," presented at Coordinating a Global Advertising Litigation Strategy, 3rd Expert Forum on Litigating and Resolving Advertising Disputes, American Conference Institute, New York, New York, June 19-20, 2012.
  • Chair and Moderator, Canadian Chamber of Commerce Foreign Investment Invitational Roundtable, Toronto, Ontario, June 2012.
  • Moderator, Cultural Sector Investment Review Panel, Canadian Bar Association, Foreign Investment Review Committee Annual Conference, Toronto, Ontario, June 2012.
  • Speaker, “International Antitrust Fundamentals,” presented at Fundamentals — Antitrust, 60th Annual Antitrust Law Spring Meeting of the American Bar Association, Washington, DC, March 2012.
  • “National Security with a Canadian Twist: The Investment Canada Act and the New National Security Review Test,” in FDI Perspectives: Issues in International Investment, K. Sauvant, L. Sachs, K. Davies, R. Zandvliet, eds., Vale Columbia Centre, 2011 (Columbia University, New York).
  • Speaker, "Canadian Investment Environment for Resources," Japan Oil, Gas & Metals National Corporation Briefing, Tokyo, Japan, December 2011.
  • Panelist, “Competition Law — A Refresher & Update,” Canadian Bar Association, Halifax, Nova Scotia, November 2011.
  • Chair, “Deception as a Means to Exclude Competitors and Reduce Competition,” 59th Annual Antitrust Law Spring Meeting of the American Bar Association, Washington, DC, March 2011.
  • Speaker, “Sectoral Tribunals, Due Process and Facts: Do Non-Lawyers Have Too Much to Say?,” 2010 International Bar Association Annual Conference, Vancouver, British Columbia, October 2010.
  • “Inward FDI in Canada and its Policy Contexts,” with R. Acharya, S. Rao & L. Wright, Columbia FDI Profiles (Vale Columbia Centre on Sustainable International Investment), August 2010.
  • Panelist, Investment Canada Act.  New Law & Policy, Canadian Bar Association — Competition Law Section Foreign Investment Review Committee, Toronto, June 2010.
  • Conference Chair, 5th Annual Competition Law Spring Forum, Canadian Bar Association — Competition Law Section, Toronto, May 2010.
  • Chair, Distribution Across Borders: Compliance with Competition Laws in the United States, European Union, Canada and China, 58th Annual Antitrust Law Spring Meeting, Washington, D.C. April 2010.
  • Speaker, “Transparency in Merger Review Processes,” Asia-Pacific Economic Cooperation (APEC) 2010 Senior Officials’ Meeting, Hiroshima, Japan, February 2010.

Rankings & Recognitions

  • Recognized by the 2017 Client Choice Awards as the exclusive winner in the Competition and Antitrust category in Ontario.
  • Recognized as a 2017 Acritas Star.
  • Recognized in the 2017 and previous editions of Chambers Canada — Canada's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized in the 2017 and previous editions of Chambers Global — The World's Leading Lawyers for Business (Competition/Antitrust).
  • Recognized in the 2017 edition of Global Competition Review's GCR 100.​
  • Recognized in the 2017 and previous editions of Who's Who Legal: Canada (Competition Law).
  • Recognized in the 2016 edition of The Canadian Legal Lexpert® Directory (Competition Law).
  • Recognized in the 2016 edition of Lexpert® US/Canada Cross-Border Guide – Litigation.
  • Recognized in the 2016 and previous editions of Who's Who Legal: The International Who's Who of Competition Lawyers (Competition Law).
  • Recognized in the 2016 and previous editions of The Best Lawyers in Canada® (Competition/Antitrust).
  • Recognized in the 2014 Euromoney's Expert Guides (Competition and Anti-Trust).
  • 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).