Collective Actions

by Wrbka, Stefan; Van Uytsel, Steven; Siems, Mathias

• ISBN13: 9781107021549
• ISBN10: 1107021545
• Format: Hardcover
• Copyright: 2012-04-30
• Publisher: Cambridge Univ Pr

Summary

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

Table of Contents

Access to justice and collective actions: Florence and beyond

Setting the Stage

European consumer protection law: quo vadis? Thoughts on the compensatory collective redress debate

Collective actions in a competition law context - reconciling multilayer interests to enhance access to justice?

Private enforcement of directors' duties: derivative actions as a global phenomenon

Cross-Continental Perspectives on Collective Redress

From peasant to shareholder: divergent paths of group litigation in Tokugawa Japan and England

Reconciling multilayer interests in environmental law: access to justice in environmental matters in the European Union and the United States

A Need to Enhance Collective Redress in Japan?

Recent problems of group rights protection for consumers in Japan

Can collective action be a solution to improve access to justice in Japan? Examination of measures to enhance the private enforcement of competition law in Japan

Collective Enforcement of Company and Securities Law

Does more litigation mean more justice for shareholders? The case of derivative actions in Vietnam

The United States Supreme Court and implied private cause of actions under Sec. Rule 10b-5: the politics of class actions

Indirect Purchasers and Collective Redress

Indirect purchaser suits after the class action fairness act: reconciling multilayer interests in antitrust litigation

Collective actions by indirect purchasers: lessons from the Japanese Oil Cartel cases

Recent Developments of and Future Perspectives on Collective Redress

Collective enforcement: European prospects in light of Swedish experience

Transnational class settlements: lessons from Converium

The impetus for class actions reform in England arising from the competition law sector

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