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Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?

Edited by: Stefan Wrbka, Steven van Uystel, Mathias M. Siems

ISBN13: 9781107021549
Published: October 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £103.00
Paperback edition , ISBN13 9781107536258

Despatched in 6 to 8 days.

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.

Courts and Procedure
1. Access to justice and collective actions: Florence and beyond Stefan Wrbka, Steven Van Uytsel and Mathias M. Siems
Part I. Setting the Stage:
2. European consumer protection law: quo vadis? Thoughts on the compensatory collective redress debate Stefan Wrbka
3. Collective actions in a competition law context - reconciling multilayer interests to enhance access to justice? Steven Van Uytsel
4. Private enforcement of directors' duties: derivative actions as a global phenomenon Mathias M. Siems

Part II. Cross-Continental Perspectives on Collective Redress:
5. From peasant to shareholder: divergent paths of group litigation in Tokugawa Japan and England Sean McGinty
6. Reconciling multilayer interests in environmental law: access to justice in environmental matters in the European Union and the United States Monika Hinteregger

Part III. A Need to Enhance Collective Redress in Japan?:
7. Recent problems of group rights protection for consumers in Japan Kunihiro Nakata
8. 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 Akinori Uesugi

Part IV. Collective Enforcement of Company and Securities Law:
9. Does more litigation mean more justice for shareholders? The case of derivative actions in Vietnam Quynh Thuy Quach
10. The United States Supreme Court and implied private cause of actions under Sec. Rule 10b-5: the politics of class actions Arthur R. Pinto

Part V. Indirect Purchasers and Collective Redress:
11. Indirect purchaser suits after the class action fairness act: reconciling multilayer interests in antitrust litigation William Page
12. Collective actions by indirect purchasers: lessons from the Japanese Oil Cartel cases Simon Vande Walle

Part VI. Recent Developments of and Future Perspectives on Collective Redress:
13. Collective enforcement: European prospects in light of Swedish experience Annina H. Persson
14. Transnational class settlements: lessons from Converium Benoit Allemeersch
15. The impetus for class actions reform in England arising from the competition law sector Rachael Mulheron.