Borden Ladner Gervais LLP

Corporate Commercial Group

Partner and National Chair, Competition and Foreign Investment Review Group

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, 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 at all levels of court in Ontario, as well as before the Federal Court and the Supreme Court of Canada.

Recent matters of note include advising Netflix on its C$500 million Canadian production investment, the establishment of Netflix Canada and Canadian aspects of the company’s acquisition of Scanline VFX, ongoing advice to Samsung Electronics Company and Samsung Canada on numerous competition law and regulatory matters, and advising to major global technology companies on various matters of significance.

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.

English

Director, Netflix Canada Co-chair, Section Influence Task Force, American Bar Association, Antitrust Law Section, 2021-present Officer, American Bar Association, Antitrust Law Section, 2018-2021 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)

Post Graduate Diploma in EU Law, King's College London, 1996 Fox Scholar, Middle Temple, London, U.K., 1995 LLB, Dalhousie University, 1993 BA, Dalhousie University, 1990 BSc, Dalhousie University, 1989 Bar Admission Ontario, 1995

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