Journal
Mass Claims

2021-2

Colophon

Published by:
Den Hollander, [email protected], www.denhollander.info
Editorial Board
Machteld de Monchy, Chairwoman (Partner at De Brauw Blackstone Westbroek)
Duncan Fairgrieve (Professor at Université Paris-Dauphine)
Jeroen Kortmann (Partner at Stibbe)
Till Schreiber (Managing director of CDC cartel damages claims)
Ianika Tzankova (Professor at Tilburg University and Founding Partner at Birkway)
Editorial Bureau
Assistant to the Editorial Board
Justyna Niemczyk, [email protected] (+31 20 577 1721)
National Rapporteurs
Fernando Aguilar de Carvalho, Portugal (Partner at Uria Menendez)
Maria José Azar-Baud, France (Professor at the University of Paris-Saclay)
Daniel Beard QC, England (Barrister at Monckton)
Miklos Boronkay, Hungary (Partner at Szecskay)
Hakim Boularbah, Belgium (Partner at Loyens & Loeff)
Jakob Dahl Mikkelsen, Denmark (Director at Kromann Reumert)
Catherine Derrig, Ireland (Partner at McCann FitzGerald)
Tanja Domej, Switzerland (Professor at the Univerisity of Zurich)
Ariel Flavian, Israel (Partner at Herzog, Fox & Neeman and Professor at Haifa University)
Joanna Fulton, Scotland (Partner at Burness Paull)
Sylvie Gallage-Alwis, France (Partner at Signature Litigation)
Cristian Gual Grau, Spain (Partner at Uria Menendez)
Paul Hitchings, Spain (Partner at Hitchings & Co)
Csongor Istvan Nagy, Hungary (Professor at the University of Szeged)
Augusta Maciuleviciute, Pan-EU (Senior Legal Officer at the BEUC)
Andreas Meidell, Norway (Partner at Thommessen)
Rachael Mulheron, Australia (Professor at the Queen Mary University of London)
Paul Oberhammer, Austria (Of Counsel at WilmerHale)
Miguel Sousa Ferro, Portugal (Professor at the University of Lisbon Law School)
Astrid Stadler, Germany (Professor at the University of Konstanz)
Eva Storskrubb, Sweden (Counsel at Roschier)
Daniele Vecchi, Italy (Partner at GOP)
Stefaan Voet, Belgium (Professor at KU Leuven)
Johanna Wirth, Germany (Partner at Hengeler Mueller)
Special rapporteur
Kimela Shah (Principal at Oxera): Economic analysis in the context of litigation and arbitration
Advisory Board
Edward Belobaba, Canada (Judge with the Superior Court of Justice in Ontario)
Robert Michael Dow Junior, United States (District Judge of the United States District Court for the Northern District of Illinois)
Mieke Dudok van Heel, The Netherlands (Judge at the Court of Amsterdam)
Deborah Hensler, United States (Professor of Dispute Resolution and Associate Dean for Graduate Studies at Stanford Law School)
Burkhard Hess, Pan-EU (Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law)
Jasminka Kalajdzic, Canada (Associate Professor and Director of the Class Action Clinic at Windsor Law)
Georg Kodek, Austria (Judge at the Austrian Supreme Court)
Bernard M. Murphy, Australia (Judge with the Federal Court of Australia)
María Arántzazu Ortiz, Spain (Judge at the Appeal Court of Mallorca)
Fabian Reuschle, Germany (Judge at the Stuttgart Regional Court)
Lee Rosenthal, United States (Chief United States District Judge of the United States District Court for the Southern District of Texas)
Peter Roth, England (President of the UK Competition Appeal Tribunal)
Diana Wallis, England (ex-Vice President of the European Parliament)
Subscriptions
www.massclaims.com

Foreword

Foreword
Mass Claims · 2021-2
Introduction · 29-12-2021
Author: Justice Bernard Murphy
Procedures for collective redress of civil law wrongs are not new. Representative procedures have been available in numerous countries around the world for a long time, and in some parts of Europe for centuries.    But the landscape for rep...

Articles

Class Action and Litigation Funding Reform:
Mass Claims · 2021-2
Article · 29-12-2021
Author: Dr Peter Cashman
As countries in the European Union grapple with the implementation of the Representative Actions Directive the class action regime in Australia is approaching its 30th anniversary. This article examines a number of Australian developments t...
Bundling of Claims by way of Assignment in Germany
Mass Claims · 2021-2
Article · 29-12-2021
Authors: Carsten Krüger, Andreas Weitbrecht
Dealing with Multiple Claims in Germany Multiple Parties In line with other legal systems, civil procedure in Germany starts from the model of one plaintiff litigating a particular claim against one defendant. However, at least since the en...
Class Actions in Portugal:
Mass Claims · 2021-2
Article · 29-12-2021
Author: Miguel Sousa Ferro
The Portuguese class action regime is unique and particularly claimant friendly. It is often overlooked, internationally, that Portugal is one of the few EU jurisdictions with an opt-out class action regime. At the same time, when it comes...
Quantifying damages in cartel cases:
Mass Claims · 2021-2
Article · 29-12-2021
Author: Gustavo Andres Martin Martin
Although Spain does not enjoy the tradition of other jurisdictions such as the Netherlands, the United Kingdom and Germany in the field of Competition Law private enforcement, this does not mean that it lacks any kind of experience. The pur...
Lloyd v Google [2021] UK SC 50:
Mass Claims · 2021-2
Article · 29-12-2021
Authors: Laura Elizabeth John, Will Perry
Those familiar with Competition law in the United Kingdom will be aware that collective proceedings before the Competition Appeal Tribunal are burgeoning. And it might have been hoped that the introduction of that regime would have blazed a...
RH v AB Volvo: A Call for Centralized and Specialized Courts in the Midst of Jurisdictional Dispersion
Mass Claims · 2021-2
Article · 29-12-2021
Author: P. Hitchings
On 15 July 2021, the CJEU handed down its first judgment on a string of preliminary questions which have been referred to it by the Spanish commercial courts pursuant to Article 267 TFEU in the context of the so-called "Trucks Litigation"....