Subrata is national 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).
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 complex cultural investment and national security reviews. He is recognized for providing 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 at all levels of court in Ontario, as well as before the Federal Court and the Supreme Court of Canada. He has also appeared before the Canadian House of Commons to testify about amendments to federal legislation, including Canada’s national security review process under the Investment Canada Act.
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.
Subrata provides legal services through a Law Corporation.
Experience - Regulatory & Strategic Advice
- Netflix, Inc. on the application of the federal Online Streaming Act and subsequent proceedings before the Radio-television and Telecommunications Commission.
- A major global digital platform on the application of federal Online News Act to its Canadian service.
- Netflix, Inc. on the regulatory aspects of the establishment of its Canadian service, its subsequent C$500 million Canadian production investment and establishment of Netflix Canada.
- Numerous non-public advisory mandates in technology (including digital platforms), media and other sectors.
- Netflix, Inc. on the application of the federal Online Streaming Act and subsequent proceedings before the Radio-television and Telecommunications Commission.
- A major global digital platform on the application of federal Online News Act to its Canadian service.
- Netflix, Inc. on the regulatory aspects of the establishment of its Canadian service, its subsequent C$500 million Canadian production investment and establishment of Netflix Canada.
- Numerous non-public advisory mandates in technology (including digital platforms), media and other sectors.
Mergers and Joint Ventures
- Skydance Media on the Canadian aspects of its US$ 8 billion merger with Paramount Global (entertainment).
- A global liner shipping company on the formation of a global operation collaboration (transportation.)
- Global Fuels in its C$640 million acquisition of the Canadian retail fuel business of Greenergy International Ltd. (energy).
- PSA International Pte. in its participation in a joint venture with Terminal Investment Limited Holding (TIL) with respect to operations in the Port of Halifax (transportation).
- Netflix, Inc. on the Canadian aspects of its global acquisition of Scanline VFX, Inc (entertainment/technology).
- Loblaws Companies Limited in its C$845 million acquisition of Lifemark Health Group (healthcare).
- PSA International Pte Ltd. in its acquisition of Ceres Halifax from Nippon Yusen Kabushiki Kaisha (NYK) (infrastructure/terminals).
- Convergint Technologies in the acquisition by Harvest Partners, LP and Leonard Green & Partners of a stake in Convergint from a fund managed by Ares Private Equity Group (technology).
- PayBright Inc., one of Canada’s leading buy-now-pay-later providers, in connection with its $340 million acquisition by Affirm, Inc., a leading U.S.-based “buy now, pay later” platform (financial services/technology).
- Aimia Loyalty Solutions in its merger with Kognitiv Corporation to form a technology-forward loyalty solutions provider (technology).
- Northview Apartment Real Estate Investment Trust in its C$4.9 billion acquisition by Starlight Group Property Holdings Inc., KingSett Capital Inc. and AIMCO Realty Investors LP (real estate).
- Hong Kong Exchange and Clearing Limited (HKEX) on the Canadian aspects of its UKP 31.6 billion offer for London Stock Exchange Group plc (financial services).
- Pan American Silver Corp as global regulatory coordinating counsel in its US$1.07 billion acquisition of Tahoe Resources Inc. (natural resources).
- RBC GAM Inc. in its strategic alliance with BlackRock Asset Management Canada Ltd. concerning ETF products (financial services).
- Capital Power Corporation in its C$1 billion acquisition of Goreway Power Station Holdings Inc. (energy).
- Imperial Metals Corporation in its sale of a 70 per cent interest in the Red Chris mine in British Columbia to Newcrest Mining Limited for US$806.5 million and a follow-on joint venture between the parties for the ongoing operation of the Red Chris mine (natural resources).
- COSCO Shipping Holdings Co. Ltd. (COSCO) and Orient Overseas International Ltd. (OOIL) in COSCO’s US $6.3B acquisition of OOIL (transportation).
- Sumitomo Corporation in its acquisition of 26.08% of the shares of Sumitomo Precision Products Co. from Nippon Steel and Sumitomo Corporation (industrial).
- Retirement Concepts in its acquisition by Anbang Insurance Group (real estate).
- Cabela's Incorporated in its US$5.5 billion acquisition by Bass Pro Shops (retail).
- Alterra Power Corp. in its C$1.1 billion acquisition by Innergex Renewable Energy Inc. (energy).
- VCA, Inc., in connection with its US$9.1 billion acquisition by Mars, Incorporated (professional services).
- Bedrock Industries, in its C$500 million acquisition of Stelco Inc. (industrial).
- Zayo Group Holdings in its C$465 million acquisition of MTS Allstream (technology/telecommunications).
- HollyFrontier Corporation, in its C$1.125 billion acquisition of Suncor Energy's Petro-Canada Lubricants business (industrial).
- Globalive Capital, as a member of an investor consortium, on refinancing, restructuring and the ultimate C$1.6 billion sale of their portfolio company, WIND Mobile (now Freedom Mobile). (technology/telecommunications).
- Northern Property REIT, in its creation of a C$3 billion national multi-family REIT through the acquisition of True North Apartment REIT and C$535 million multi-family portfolio from Starlight Investment Ltd. (real estate).
- Health Care REIT, Inc. in its C$1 billion acquisition of HealthLease Properties REIT (real estate).
- Globalive Capital in its C$300 million acquisition of WIND Mobile (technology/telecommunications).
- Balfour Beatty PLC in connection with its US$1.35 billion sale of Parsons Brinckerhoff Group Inc. to WSP Global Inc. (professional services).
- Arris Group in its US$2.35 billion sale of Motorola Home to Google, Inc. (technology).
- The Danaher Corporation in its US $6.8 billion acquisition of Beckman Coulter, Inc. (health care).
- Lions Gate Entertainment in its successful defence of an unsolicited bid by Carl C. Icahn (media/entertainment).
- Philip Morris International in its C$2 billion acquisition of Rothmans, Benson & Hedges, Inc. (industrial).
- Teck Cominco in its C$4.1 billion acquisition of Aur Resources Inc. (natural resources).
- Abu Dhabi National Energy Company PJSC (TAQA) in its C$5 billion acquisition of PrimeWest Energy Trust (natural resources).
- Abu Dhabi National Energy Company PJSC (TAQA) in its C$2 billion acquisition of Northrock Resources Inc. (natural resources).
- Phelps Dodge Corporation in its proposed US $40 billion acquisition of Inco Ltd. and Falconbridge Ltd. (natural resources).
- Skydance Media on the Canadian aspects of its US$ 8 billion merger with Paramount Global (entertainment).
- A global liner shipping company on the formation of a global operation collaboration (transportation.)
- Global Fuels in its C$640 million acquisition of the Canadian retail fuel business of Greenergy International Ltd. (energy).
- PSA International Pte. in its participation in a joint venture with Terminal Investment Limited Holding (TIL) with respect to operations in the Port of Halifax (transportation).
- Netflix, Inc. on the Canadian aspects of its global acquisition of Scanline VFX, Inc (entertainment/technology).
- Loblaws Companies Limited in its C$845 million acquisition of Lifemark Health Group (healthcare).
- PSA International Pte Ltd. in its acquisition of Ceres Halifax from Nippon Yusen Kabushiki Kaisha (NYK) (infrastructure/terminals).
- Convergint Technologies in the acquisition by Harvest Partners, LP and Leonard Green & Partners of a stake in Convergint from a fund managed by Ares Private Equity Group (technology).
- PayBright Inc., one of Canada’s leading buy-now-pay-later providers, in connection with its $340 million acquisition by Affirm, Inc., a leading U.S.-based “buy now, pay later” platform (financial services/technology).
- Aimia Loyalty Solutions in its merger with Kognitiv Corporation to form a technology-forward loyalty solutions provider (technology).
- Northview Apartment Real Estate Investment Trust in its C$4.9 billion acquisition by Starlight Group Property Holdings Inc., KingSett Capital Inc. and AIMCO Realty Investors LP (real estate).
- Hong Kong Exchange and Clearing Limited (HKEX) on the Canadian aspects of its UKP 31.6 billion offer for London Stock Exchange Group plc (financial services).
- Pan American Silver Corp as global regulatory coordinating counsel in its US$1.07 billion acquisition of Tahoe Resources Inc. (natural resources).
- RBC GAM Inc. in its strategic alliance with BlackRock Asset Management Canada Ltd. concerning ETF products (financial services).
- Capital Power Corporation in its C$1 billion acquisition of Goreway Power Station Holdings Inc. (energy).
- Imperial Metals Corporation in its sale of a 70 per cent interest in the Red Chris mine in British Columbia to Newcrest Mining Limited for US$806.5 million and a follow-on joint venture between the parties for the ongoing operation of the Red Chris mine (natural resources).
- COSCO Shipping Holdings Co. Ltd. (COSCO) and Orient Overseas International Ltd. (OOIL) in COSCO’s US $6.3B acquisition of OOIL (transportation).
- Sumitomo Corporation in its acquisition of 26.08% of the shares of Sumitomo Precision Products Co. from Nippon Steel and Sumitomo Corporation (industrial).
- Retirement Concepts in its acquisition by Anbang Insurance Group (real estate).
- Cabela's Incorporated in its US$5.5 billion acquisition by Bass Pro Shops (retail).
- Alterra Power Corp. in its C$1.1 billion acquisition by Innergex Renewable Energy Inc. (energy).
- VCA, Inc., in connection with its US$9.1 billion acquisition by Mars, Incorporated (professional services).
- Bedrock Industries, in its C$500 million acquisition of Stelco Inc. (industrial).
- Zayo Group Holdings in its C$465 million acquisition of MTS Allstream (technology/telecommunications).
- HollyFrontier Corporation, in its C$1.125 billion acquisition of Suncor Energy's Petro-Canada Lubricants business (industrial).
- Globalive Capital, as a member of an investor consortium, on refinancing, restructuring and the ultimate C$1.6 billion sale of their portfolio company, WIND Mobile (now Freedom Mobile). (technology/telecommunications).
- Northern Property REIT, in its creation of a C$3 billion national multi-family REIT through the acquisition of True North Apartment REIT and C$535 million multi-family portfolio from Starlight Investment Ltd. (real estate).
- Health Care REIT, Inc. in its C$1 billion acquisition of HealthLease Properties REIT (real estate).
- Globalive Capital in its C$300 million acquisition of WIND Mobile (technology/telecommunications).
- Balfour Beatty PLC in connection with its US$1.35 billion sale of Parsons Brinckerhoff Group Inc. to WSP Global Inc. (professional services).
- Arris Group in its US$2.35 billion sale of Motorola Home to Google, Inc. (technology).
- The Danaher Corporation in its US $6.8 billion acquisition of Beckman Coulter, Inc. (health care).
- Lions Gate Entertainment in its successful defence of an unsolicited bid by Carl C. Icahn (media/entertainment).
- Philip Morris International in its C$2 billion acquisition of Rothmans, Benson & Hedges, Inc. (industrial).
- Teck Cominco in its C$4.1 billion acquisition of Aur Resources Inc. (natural resources).
- Abu Dhabi National Energy Company PJSC (TAQA) in its C$5 billion acquisition of PrimeWest Energy Trust (natural resources).
- Abu Dhabi National Energy Company PJSC (TAQA) in its C$2 billion acquisition of Northrock Resources Inc. (natural resources).
- Phelps Dodge Corporation in its proposed US $40 billion acquisition of Inco Ltd. and Falconbridge Ltd. (natural resources).
Competition Class Actions, Agency Investigations and Cartel Defence
- Amazon in the Competition Bureau “online reviews” inquiry under the deceptive marketing provisions of the Competition Act.
- Amazon in multiple Canadian class action proceedings related to third party seller pricing policies (including DiFederico v. Amazon et al – Federal Court of Canada).
- 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.
- Wockhardt 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.
- Amazon in the Competition Bureau “online reviews” inquiry under the deceptive marketing provisions of the Competition Act.
- Amazon in multiple Canadian class action proceedings related to third party seller pricing policies (including DiFederico v. Amazon et al – Federal Court of Canada).
- 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.
- Wockhardt 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.
Regulatory & Strategic Advice
- Netflix, Inc. on the application of the federal Online Streaming Act and subsequent proceedings before the Radio-television and Telecommunications Commission.
- A major global digital platform on the application of federal Online News Act to its Canadian service.
- Netflix, Inc. on the regulatory aspects of the establishment of its Canadian service, its subsequent C$500 million Canadian production investment and establishment of Netflix Canada.
- Numerous non-public advisory mandates in technology (including digital platforms), media and other sectors.
- Netflix, Inc. on the application of the federal Online Streaming Act and subsequent proceedings before the Radio-television and Telecommunications Commission.
- A major global digital platform on the application of federal Online News Act to its Canadian service.
- Netflix, Inc. on the regulatory aspects of the establishment of its Canadian service, its subsequent C$500 million Canadian production investment and establishment of Netflix Canada.
- Numerous non-public advisory mandates in technology (including digital platforms), media and other sectors.
Experience - Competition Class Actions, Agency Investigations and Cartel Defence
- Amazon in the Competition Bureau “online reviews” inquiry under the deceptive marketing provisions of the Competition Act.
- Amazon in multiple Canadian class action proceedings related to third party seller pricing policies (including DiFederico v. Amazon et al – Federal Court of Canada).
- 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.
- Wockhardt 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.
- Amazon in the Competition Bureau “online reviews” inquiry under the deceptive marketing provisions of the Competition Act.
- Amazon in multiple Canadian class action proceedings related to third party seller pricing policies (including DiFederico v. Amazon et al – Federal Court of Canada).
- 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.
- Wockhardt 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.
