Mass Claims



Published by:
Den Hollander, [email protected],
Editorial Board
Machteld de Monchy, Chairwoman (Partner at De Brauw Blackstone Westbroek)
Duncan Fairgrieve (Professor at Université Paris-Dauphine)
Jeroen Kortmann (Professor at University of Amsterdam and Partner at Stibbe)
Rachael Mulheron (Professor at Queen Mary University of London)
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 Chambers)
Miklos Boronkay, Hungary (Partner at Szecskay)
Hakim Boularbah, Belgium (Partner at Loyens & Loeff)
Jakob Dahl Mikkelsen, Denmark (Director at Kromann Reumert)
Anna Dannreuther, England (Barrister at Field Court Chambers)
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 (Managing Partner at Hitchings & Co)
Csongor Istvan Nagy, Hungary (Professor at the University of Szeged)
Augusta Maciuleviciute, Pan-EU (Senior Legal Officer at the BEUC)
Jackie McArthur, England (Barrister at Essex Court Chambers)
Andreas Meidell, Norway (Partner at Thommessen)
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 Rapporteurs
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)
Wim Driehuis, The Netherlands (Emeritus Professor Economics and Business at the University 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)
© Den Hollander B.V.
All rights reserved. Subject to the exceptions provided for in copyright law, no part of this publication may be reproduced (including storage in a retrieval system) or made public in any way whatsoever without the prior written permission of the publisher.


Mass claims in competition law - a UK perspective
Mass Claims · 2022-2
Introduction · 17-01-2023
Author: Sir Peter Roth
The first attempt by the United Kingdom to introduce a provision for collective actions for competition claims was a failure.    In 2002, the UK competition legislation was amended to enable a designated body to bring claims on behalf of a...


Judge Siofra O'Leary, President of the European Court of Human Rights, Strasbourg, on Protocol 16 of the European Convention of Human Rights
Mass Claims · 2022-2
Article · 17-01-2023
Author: A.E.C.M. Verhagen
    We are delighted to have the opportunity to discuss with you the advisory opinion procedure under Protocol 16 of the European Convention of Human Rights.   1. Maybe we could start by discussing the evolution of the number of individual...
For Justice, Not Profit: Public Funding of Collective Redress
Mass Claims · 2022-2
Article · 17-01-2023
Author: mr. dr. C.J.A. van Geffen
Third-party litigation funding (TPLF) is widely viewed outside of Canada and the United States as indispensable to a viable collective litigation regime. Australia, for example, has a robust TPLF industry that has funded hundreds of class a...
Encountering Class Actions in Swedish Law and Society
Mass Claims · 2022-2
Article · 17-01-2023
Author: Michael Molavi
Class actions in Sweden are not flourishing. This article examines why the oldest class action regime in Scandinavia has not developed into anything more than a peripheral addition to the Swedish legal landscape, drawing on relevant procedu...
Bundling of claims by way of assignment in Italy
Mass Claims · 2022-2
Article · 17-01-2023
Author: Giorgio Afferni
Bundling of claims by assignment (the so-called assignment model) is rapidly emerging in the European Union ("EU") as the favorite alternative to group actions for damages (either collective or representative).2 This is particularly true fo...
The role of class representatives in mass claims: Establishing the Class Representatives Network in the UK
Mass Claims · 2022-2
Article · 17-01-2023
Author: Kate Wellington
In 2015 a new Consumer Rights Act2 entered the statute books in the UK. It propelled the country's consumer rights framework into the modern era, bringing together a variety of hitherto disparate rules and regulations. But tucked away at th...
VEB v BP: Centralisation of special jurisdiction in case of purely financial damages resulting from misinformation spread on the secondary securities market
Mass Claims · 2022-2
Article · 17-01-2023
Author: Tess Bens
The judgment of the CJEU in VEB v BP confirms that the occurrence of purely financial loss in a bank account or investment account is in itself insufficient to allocate jurisdiction on the basis of Article 7(2) of the Brussels Ibis Regulati...
Country reports
Mass Claims · 2022-2
Article · 17-01-2023
England and WalesAnna Dannreuther and Jackie McArthurCase lawMunicípio de Mariana and others v BHP Group (UK) Ltd (formerly BHP Group plc) and another [2022] EWCA Civ 951, [2022] 1 WLR 4691 This litigation concerns the collapse of the Fundã...