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Subrata Bhattacharjee

Subrata Bhattacharjee

Partner
  • Toronto 416 643.6830
     
sbhattach@heenan.ca
 
 
    

Subrata Bhattacharjee is Co-Chair of the firm’s National Trade and Competition group and a partner in the Toronto Litigation group.

Subrata has consistently been recognized as one of Canada’s leading competition/foreign investment lawyers in Chambers Global: The World’s Leading Lawyers for Business, Practical Law Company’s Cross-Border Competition and Cross-Border Cartel Leniency Handbooks, Who’s Who Legal’s International Who’s Who of Competition Lawyers and Economists, Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers, Lexpert and other major peer-rated surveys. In peer review surveys, clients have described him as “vastly experienced”, “high profile” and “one of the best” (Who’s Who Legal 2012).

Subrata focuses his practice on all aspects of competition/antitrust law, foreign investment law and regulatory litigation, including quasi-criminal and constitutional matters. He routinely provides counsel on cartel investigations, merger clearance, and other contentious and compliance matters under the Canadian Competition Act. Subrata carries on an extensive foreign investment practice, and advises non-Canadian investors on Canadian foreign investment issues under the Investment Canada Act and other federal legislation. 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, and leads the firm’s South and East Asia initiatives, with particular focus on Korea, Japan and India.

He also provides high level advice on government relations, regulatory strategy and policy issues.

Selected mandates include:

Cartel Defence/Competition Class Actions:  LIBOR, air cargo, automotive components, retail gas, LED traffic lights, lithium batteries, optical disk drives, automobile importation, and air passenger cases.

Mergers: Google/Arris, Danaher/Beckman Coulter, AGF Financial/B2B, Lionsgate/Icahn Group, Philip Morris International/Rothmans, Teck/Aur Resources, Abu Dhabi National EnergyCompany (“TAQA”)/Primewest, Phelps Dodge/Inco/Falconbridge.

Subrata held a part-time faculty appointment in competition law for 10 years at the Dalhousie Law School, Halifax, Nova Scotia, (2001–2011). He also held an appointment as a Special Lecturer in trial advocacy at the Faculty of Law, Queen’s University (1999-2001).

In 2008, Subrata was named by the Global Competition Review as one of the world’s top 40 competition lawyers under 40. He was also named as one of Canada’s Rising Stars: Leading Lawyers Under 40 in 2006 by Lexpert Magazine, and as one of the “Litigation Lawyers to Watch” (Competition Law) in the 2007 Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada.

Subrata was appointed as a non-governmental advisor (NGA) to the International Competition Network in 2009, and currently serves as an NGA on the ICN Cartel Working Group (SG1 and SG2).

He has held numerous leadership positions in the American Bar Association Section of Antitrust Law, including terms as Co-Chair of Committee Operations (current), Member of the Section's Long Range Planning Committee (2011-2012), and Chair of the Distribution & Franchising Committee (2009-2011). He is also past-Chair of the Criminal Matters Committee of the Canadian Bar Association Competition Law Section (2008-2009). Subrata is currently Chair of the Canadian Chamber of Commerce Competition Law & Policy Committee.

Subrata publishes and speaks widely on competition/antitrust law issues, foreign investment regulation and related topics, both domestically and internationally. Past speaking engagements have included the Annual Antitrust Spring Meeting of the American Bar Association, the Annual Fall Conference on Competition Law organized by the Canadian Bar Association and numerous other programs. He has been frequently quoted as an expert on Canadian competition and foreign investment law in the Financial Times, Business Week, Globe and Mail, National Post and other major business publications.

As a 1995 recipient of a Harold G. Fox Scholarship, Subrata spent a year in London, UK at the Inns of Court (Brick Court Chambers and 4 Pump Court).

Education

  • Post Graduate Diploma in EU Law, King's College London, 1996
  • LL.B., Dalhousie University, 1993
  • B.A., Dalhousie University, 1990
  • B.Sc., Dalhousie University, 1989

Professional Affiliations

  • American Bar Association
  • Canadian Bar Association
  • International Bar Association
  • South Asian Bar Association of Toronto
  • The Law Society of Upper Canada (Ontario)

Publications & Conferences

  • Speaker, “International Antitrust Fundamentals”, presented at Fundamentals – Antitrust, 61st Annual Antitrust Spring Meeting of the American Bar Association, Washington D.C. April 10, 2013.
  • Speaker, “International Antitrust Fundamentals”, American Bar Association Section of Antitrust Law Teleseminar, October 22, 2012.
  • Chair and Moderator, Canadian Chamber of Commerce Foreign Investment Invitational Roundtable, Toronto, Ontario, June 26, 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.
  • Moderator, Cultural Sector Investment Review Panel, Canadian Bar Association, Foreign Investment Review Committee Annual Conference, Toronto, Ontario, June 1, 2012.
  • Speaker, “International Antitrust Fundamentals”, presented at Fundamentals – Antitrust, 60th Annual Antitrust Law Spring Meeting of the American Bar Association, Washington, DC, March 27, 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 3, 2011.
  • Panelist, “Competition Law – A Refresher & Update”, Canadian Bar Association, Halifax, Nova Scotia, November 23, 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 31, 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, 4, 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 23, 2010.
  • Panelist, Investment Canada Act.  New Law & Policy, Canadian Bar Association – Competition Law Section Foreign Investment Review Committee, Toronto, June 4, 2010.
  • Conference Chair, 5th Annual Competition Law Spring Forum, Canadian Bar Association – Competition Law Section, Toronto, May 17, 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 22, 2010.
  • Speaker, “Transparency in Merger Review Processes”, Asia-Pacific Economic Cooperation (APEC) 2010 Senior Officials’ Meeting, Hiroshima, Japan, February 28, 2010.
  • Panelist, “Catching up with Regulators about the Latest Competition Act Amendments”, 16th Annual Advertising & Marketing Law Conference, Canadian Institute, Toronto, January 21, 2010.
  • “Price Maintenance - Remixed”, presented at Distribution Issues in the North Atlantic Triangle Part II: Resale Price Maintenance - The Lay of the Land, ABA Section of Antitrust Law Teleseminar, October 14, 2009.
  • The New Merger Clearance Regime, presented at The New Competition Act, Federated Press, Montreal, Canada, October 1, 2009.
  • “National Security with a Canadian Twist: The Investment Canada Act and the New National Security Review Test”, Columbia FDI Perspectives No. 10 (Vale Columbia Center on Sustainable International Investment) July 30, 2009.
  • “Price Maintenance Remixed”, presented at Canada’s New Competition Act, Canadian Institute, Toronto, Canada, June 23, 2009.
  • Chair, International Leniency Programs, ABA Section of Antitrust Law, Brown Bag Program, Toronto, Canada, Washington, DC, June 2, 2009.
  • Chair, Antitrust Issues in Internet Distribution, ABA Section of Antitrust Law, Brown Bag Program, Toronto, Canada/ Washington, DC/ New York, NY December 12, 2008.
  • Is the Moose Breaking Loose? Signs of Change in Canadian Foreign Investment Regulation, paper presented at Fostering an Open Global Investment Climate: Challenges and Opportunities, U.S. Chamber of Commerce Global Regulatory Cooperation Project, Washington DC, September 16, 2008.
  • Panel Chair, Competition, Crime & Punishment: The Practice, Procedure and Substance of Criminal Competition Law, Annual Spring Conference on Competition Law, Canadian Bar Association – Competition Law Section, Toronto, Canada, April 29, 2008.
  • Foreign Investment by State-Owned Enterprises and Sovereign Wealth Funds: Selected Issues, paper presented at the Second Chinese Enterprises Outbound Investment Conference hosted by the Ministry of Commerce (China) and the China Council for the Promotion of International Trade (CCPIT), Beijing, China, April 22, 2008.
  • The New Chinese Anti-Monopoly Law, ABA Section of Antitrust Law Teleseminar, Beijing / Tokyo / Washington DC / Toronto, January 23, 2008.
  • The New Canadian Immunity Program: What’s New, What’s Different; What You Need to Know to Conduct an Integrated Approach to Amnesty in North America, ABA Section of Antitrust Law/CBA Competition Law Section, Joint Brown Bag Program, Toronto, Canada, November 29, 2007.
  • Misleading Representations in the Sale of Goods: Canadian Perspectives on the CISG, Competition Laws and Consumer Protection, paper presented at the 2007 International Bar Association Annual Conference, Singapore, October 28, 2007.
  • Distribution Across Borders: Ensuring that Multijurisdictional Product Distribution Complies with Antitrust/Competition laws in the United States, European Union, and Canada, paper presented at the 55th Annual Spring Meeting of the American Bar Association, Section of Antitrust Law, Washington, D.C. April 18, 2007.
  • “Market Power and Market Definition”, in James B. Musgrove, ed., Fundamentals of Canadian Competition Law, (Ottawa: Canadian Bar Association, 2007).
  • Hot Topics and Trends in Competition Law, Enforcement and Compliance, presentation at General Counsel Compliance and Controls Congress, Insight Information Inc., Toronto, Canada, February 28, 2007.
  • Seeking Immunity or Leniency — panel discussion, International Cartels – Comparative Perspectives on Practice, Procedure and Substance, British Institute of International and Comparative Law, London, UK, February 2, 2007.
  • Enforcement Issues under the Criminal Provisions of the Competition Act, paper presented at Competition Law Essentials, The Continuing Legal Education Society of British Columbia, Vancouver, Canada, December 1, 2006.
  • Chair, Buying Loyalty Revisited: Loyalty Programs in the US, EU and Canada, ABA Section of Antitrust Law Teleseminar, Toronto, Canada / London, UK /  Washington D.C., November 21, 2006.
  • Internal Investigations: Best Practices from the Pros – Panel Discussion, Annual Fall Conference on Competition Law, Canadian Bar Association – Competition Law Section, Gatineau, Canada, September 28, 2006.
  • Individual Criminal Liability in Cross-border/International Cartels: Comparative U.S. and Canadian Exposure, ABA Section of Antitrust Law/CBA Competition Law Section, Joint Brown Bag Program, Toronto, Canada/Washington, D.C., May 24, 2006.
  • The Application of Canadian Competition Law To Internet Retailing: Selected Issues, paper presented at the 54th Annual Antitrust Spring Meeting of the American Bar Association, Section of Antitrust Law, Washington, D.C., March 29, 2006.
  • Canadian Competition Tribunal upholds Dominant Firm Loyalty Program in Canada Pipe, Distribution - Distribution & Franchising Committee of the Antitrust Section, American Bar Association – Vol. 10, No. 1, February 2006.
  • Cutting Edge Distribution Issues — Category Management & Slotting Allowances, presented at Competition Law Practitioners’ Workshop — Exclusivity Issues in Distribution, British Institute of International and Comparative Law, London, UK, October 25, 2005.
  • Commissioner of Competition v. Sears Canada Inc. — The Tribunal Releases its Decision in the First Application Brought Under the Ordinary Selling Price Provisions of the Competition Act, Canadian Competition Record, Fall 2005.
  • Issues in Criminal Enforcement Under the Competition Act, paper presented at Essentials of Competition Law, Ontario Bar Association, Toronto, May 9, 2005 and Canadian Bar Association – Quebec, Montreal, April 29, 2005.
  • The Treatment of Slotting Allowances and Category Management Under Canadian Competition Law, paper presented at the Annual Antitrust Spring Meeting of the American Bar Association, Section of Antitrust Law, Washington, D.C., March 30, 2005.
  • Case Comment: Commissioner of Competition v. Sears Canada Inc., paper presented at the Canadian Bar Association Competition Law Section / American Bar Association Section of Antitrust Law Brown Bag Program, March 9, 2005.
  • Case Comment: Commissioner of Competition v. Sears Canada Inc., paper presented at the Canadian Institute Advertising & Marketing Law Conference, Toronto, Canada, January 26, 2005.
  • Private Enforcement of Canadian Competition Law, paper presented at Competition Law Workshop - Developments in Competition Litigation - A Comparative Perspective, British Institute of International and Comparative Law, London, UK, October 15, 2004.
  • The Civil Misleading Advertising Regime in Crisis: A Timely Solution, paper presented at the Annual Fall Conference on Competition Law, Canadian Bar Association – Competition Law Section, Ottawa, Canada, September 23, 2004.
  • Marketing Practices - Selected Enforcement Issues, paper presented at Competition Law Compliance – Domestic and International Perspectives on Managing Compliance in a Changing Legal Environment, Insight Information Inc., Toronto, Canada, May 27, 2004.
  • Pricing/Distribution Issues in Canadian Competition Law - An Update, Distribution - Franchise and Dealership Committee, Antitrust Section, American Bar Association - Vol. 8, No. 1, May 2004.
  • Implications of R. v. Jarvis for Section 11 Orders, paper presented at Canadian Bar Association Competition Law Section Brown Bag Teleconference, Toronto, Canada, April 8, 2004.
  • Strategic Alliances and Joint Ventures under the Competition Act — Information Exchange Issues, paper presented at Canada’s Competition Regime — Thinking Strategically: A Practical Guide for Business, Osgoode Hall Law School of York University, Toronto, Canada, January 14, 2004.
  • A Comparative Study of Remedies Available in Misleading Advertising Cases, Canadian Bar Association 2003 Annual Fall Conference on Competition Law, October 2, 2003.
  • Immunity Considerations in Canada, American Bar Association, Antitrust Section, Criminal Practice and Procedure Newsletter (September 2003).
  • Cross-Border Co-Operation in the Enforcement of Deceptive Marketing Practices Legislation, paper presented at Insight Advertising & Marketing Law Conference, Toronto, Canada, February 18, 2003.
  • Efficiencies in Merger Review: Some Observations from North America, paper presented at Competition Law Practitioners’ Workshop, British Institute of International and Comparative Law, London, UK, November 11, 2002, in M. Andenas et al., Current Competition Law, (London: BIICL, 2003) vol. 2 at 317.
  • Enforcement Issues under the Competition Act, paper presented at Essentials of Competition Law, Ontario Bar Association, Toronto, Canada, May 13, 2002.
  • Ensuring that Government E-Procurement Initiatives Comply with Competition Laws, paper presented at the 2nd National Seminar on E-Procurement for Government, The Canadian Institute, Ottawa, Canada, January 24, 2002.
  • Private Remedies for Anticompetitive Conduct, in Bruce M. Graham, ed., Canadian Bar Association — Competition Law Section. Annual Fall Conference on Competition Law 1998 (New York: Juris Publishing, 1999) p. 198.
Subrata Bhattacharjee Discusses Canada’s New Commissioner of Competition June 12, 2013
ARRIS Acquires Motorola Home Business from Google for US$2.35 Billion Apr. 24, 2013
Heenan Blaikie Represents Sichuan Bohong Industry Co., Ltd. in its Acquisition of Wescast Industries Inc. for C$195 million and its Related Acquisition Financing Apr. 10, 2013
Chambers Global 2013 Recognizes 27 Heenan Blaikie Lawyers Mar. 14, 2013
Heenan Blaikie Represents Idemitsu Kosan Co. Ltd. in Joint Venture with AltaGas Ltd. Feb. 01, 2013
Subrata Bhattacharjee Quoted in the CCCA Magazine Dec. 19, 2012
Subrata Bhattacharjee Discusses Canada’s Rejection of Petronas' Takeover Bid Oct. 29, 2012
Subrata Bhattacharjee Quoted in the Financial Post Oct. 11, 2012
Subrata Bhattacharjee Named Non-Governmental Advisor of the ICN July 31, 2012
Subrata Bhattacharjee on the CNOOC-Nexen Deal July 26, 2012
The 2012 Canadian Legal Lexpert Directory Recognizes 52 Heenan Blaikie Lawyers June 22, 2012
Subrata Bhattacharjee Quoted in the National Post on a Competition Tribunal Decision June 14, 2012
Subrata Bhattacharjee Discusses Proposed Changes to Foreign Investments under the Investment Canada Act May 31, 2012
Heenan Blaikie Tapped for Key Legal Infrastructure Advisory Role by Burmese Government May 31, 2012
Chambers Global 2012 Recognizes 26 Heenan Blaikie Lawyers Mar. 22, 2012
Subrata Bhattacharjee in FDI Perspectives Feb. 06, 2012
Subrata Bhattacharjee quoted in the Financial Times July 07, 2011
Twenty-eight Heenan Blaikie lawyers recognized in Chambers Global 2011 Mar. 28, 2011
Subrata Bhattacharjee has been quoted in the National Post Sept. 20, 2010
Subrata Bhattacharjee at the Canadian Chamber of Commerce Sept. 09, 2010
Subrata Bhattacharjee quoted in the Financial Times Aug. 31, 2010
21 Heenan Blaikie lawyers listed in Who's Who Legal 2010 July 16, 2010
Heenan Blaikie's competition practice gets noted Mar. 15, 2010
Eighteen nominations for Heenan Blaikie lawyers in Chambers Global 2010 Feb. 24, 2010
Subrata Bhattacharjee has been named Male Lawyer of the Year by South Asian Bar Association of Toronto Dec. 09, 2009
Subrata Bhattacharjee quoted in the Financial Times Aug. 12, 2009
Subrata Bhattacharjee at the 8th Annual Conference of the International Competition Network (ICN) June 02, 2009
Subrata Bhattacharjee quoted in the Financial Post May 27, 2009
Subrata Bhattacharjee among leading Canadian competition/antitrust lawyers in International Who's Who 2009 Jan. 23, 2009
Heenan Blaikie's Involvement in Lexpert's Big Files Jan. 15, 2009

Chambers Global
(Competition Law – 2013)

Canadian Legal Lexpert® Directory
(Competition Law – 2012)

Who’s Who Legal
(Competition Law 2012)

Practical Law Company’s (PLC)
(Cross-Border Competition 2012)

Euromoney’s Expert Guide
(Competition and Antitrust 2012)

South Asian Bar Association
Lawyer of the Year (2009)

Global Competition Review
40 Under Forty (2008)

Lexpert Magazine
Rising Stars: Leading Lawyers under 40 (2006)

 

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