Partner Toronto 416 643.6830 sbhattach@heenan.caCall to the BarOntario, 1995 Areas of ExpertiseCompetition/Antitrust Civil & Commercial Litigation International Affairs | | Subrata Bhattacharjee Subrata Bhattacharjee is Co-Chair of the firm’s National Trade and Competition group and a partner in the Toronto Litigation group. He is recognized as one of Canada’s leading competition and foreign investment lawyers.
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 extensive experience in providing counsel on merger clearance, cartel 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. In this regard, he has advised foreign buyers, including state-owned enterprises, on some of the most high profile foreign takeovers in recent years. He is actively involved in the firm’s International Business practice, and leads its India initiative.
Subrata teaches competition law at the Dalhousie Law School, Halifax, Nova Scotia, where he has held a part-time faculty appointment since 2001. He was also appointed as a Special Lecturer in trial advocacy at the Faculty of Law, Queen's University (1999-2001).
Subrata is past chair of the Criminal Matters Committee of the Canadian Bar Association Competition Law Section and is Vice-Chair of the Competition Law and Policy Committee of the Canadian Chamber of Commerce. Subrata is also Chair of the Distribution and Franchising Committee of the Antitrust Section of the American Bar Association, one of the few non-US lawyers to hold such a position in the Section.
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 Top 40 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. In 2009, he was named a Lawyer of the Year by the South Asian Bar Association.
Subrata has repeatedly been recognized as one of Canada’s leading lawyers in his areas of expertise in the most recent Chambers Global: The World’s Leading Lawyers for Business, Practical Law Company's Cross-Border Competition and Cross-Border Leniency Handbooks, Who's Who Legal’s International Who's Who of Competition Lawyers and Economists and other major peer-rated surveys.
Subrata was appointed as a non-governmental advisor to the International Competition Network in 2009.
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.
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 and Conferences 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.
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