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Collective Actions
Enhancing Access to Justice and Reconciling Multilayer Interests?

Stefan Wrbka, Steven Van Uytsel, Mathias M. Siems, Sean McGinty, Monika Hinteregger, Kunihiro Nakata, Akinori Uesugi, Quynh Thuy Quach, Arthur R. Pinto, William Page, Simon Vande Walle, Annina H. Persson, Benoît Allemeersch, Rachael Mulheron
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  • Date Published: July 2015
  • availability: Available
  • format: Paperback
  • isbn: 9781107536258

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About the Authors
  • 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.

    • Examines the subject of collective actions in a new way that cuts cross several substantive fields of law
    • Unites, for the first time, the expertise from legal fields discussing the same issues, such as collective actions and access to justice
    • Brings together original scholarship from Asia, North America and Europe in a field where the focus has previously only been on Europe and/or the US, and expands the discussion beyond limited geographical areas
    • Focuses on the use of collective redress mechanisms not only as a procedural device per se, but also in their broader social context
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    Product details

    • Date Published: July 2015
    • format: Paperback
    • isbn: 9781107536258
    • length: 456 pages
    • dimensions: 229 x 152 x 23 mm
    • weight: 0.61kg
    • contains: 3 b/w illus. 15 tables
    • availability: Available
  • Table of Contents

    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 Benoît Allemeersch
    15. The impetus for class actions reform in England arising from the competition law sector Rachael Mulheron.

  • Editors

    Stefan Wrbka, Kyushu University, Japan
    Stefan Wrbka is an Associate Professor of Consumer Law at the Graduate School of Law and International Education Center, Kyushu University.

    Steven Van Uytsel, Kyushu University, Japan
    Steven Van Uytsel is an Associate Professor of Competition Law and Natural Resources Law at the Faculty of Law, Kyushu University.

    Mathias Siems, University of Durham
    Mathias M. Siems is a Professor of Commercial Law at Durham University.

    Contributors

    Stefan Wrbka, Steven Van Uytsel, Mathias M. Siems, Sean McGinty, Monika Hinteregger, Kunihiro Nakata, Akinori Uesugi, Quynh Thuy Quach, Arthur R. Pinto, William Page, Simon Vande Walle, Annina H. Persson, Benoît Allemeersch, Rachael Mulheron

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