Legal changes bring UK/US class action regimes closer

2015 ◽  
Keyword(s):  
Competition Law ◽  
The United States ◽  
Class Action ◽  
Collective Actions ◽  
Content Type ◽  
Class Actions ◽  
The United Kingdom ◽  
Eu Directive ◽  
Action Model ◽  
The Uk

Significance With the new rules, the United Kingdom is making it easier for consumers to bring collective legal actions for alleged violations of competition law, although it has largely rejected adopting US procedures that incentivise lawyers to bring class actions. Further reforms under the 2014 EU Directive on Antitrust Damages Actions will apply throughout the EU from December 2016. In the United States, the class action regime has been tightened in recent years, and a recent decision by an influential federal appellate judge is increasing court scrutiny of class action settlements. Impacts Safeguards will prevent the UK system from evolving along the lines of the more litigation-friendly US class action model. The UK system is unlikely to be broadened to make it easier for plaintiffs to bring collective actions in areas other than competition law. Legal decisions and statute changes that have discouraged US class actions are unlikely to be reversed. This applies especially in securities actions.

scholarly journals The Interaction of Public and Private Enforcement of Competition Law Before and After the EU Directive – a Hungarian Perspective

2016 ◽  
Vol 9 (14) ◽  
pp. 43-67
Author(s):  
Tihamér Tóth
Keyword(s):  
Competition Law ◽  
Class Action ◽  
Private Enforcement ◽  
Special Focus ◽  
Public And Private ◽  
Class Actions ◽  
Eu Directive ◽  
Before And After ◽  
Public And Private Enforcement ◽  
The Eu

The paper explores the changes the EU Directive on harmonizing certain rules governing actions for damages under national law for infringements of the competition law provisions will bring about in Hungary, with a special focus placed on damages liability rules, the interaction of public and private enforcement of these rules, and the importance of class actions. Amendments of the Competition Act introduced in 2005 and 2009 had created new rules to promote the idea of private enforcement even before the Directive was adopted. Some of these rules remain unique even now, notably the legal presumption of a 10% price increase for cartel cases. However, subsequent cases decided by Hungarian courts did not reflect the sophistication of existing substantive and procedural rules. There has only ever been one judgment awarding damages, while most stand-alone cases involved minor competition law issues relating to contractual disputes. The paper looks at the most important substantial rules of tort law (damage, causality, joint and several liability), the co-operation of competition authorities and civil courts, as well as at (the lack of) class action procedures from the perspective of the interaction of public and private enforcement of competition law.

European public opinion is turning against China

2020 ◽  
Keyword(s):  
The United States ◽  
Content Type ◽  
Investment Treaty ◽  
The United Kingdom ◽  
European Public ◽  
European Unity ◽  
European Values ◽  
The Uk ◽  
Public Views ◽  
The Eu

Significance The popular shift coincides with growing China scepticism within legislatures, which has already had a major impact on policy towards Chinese telecoms firm Huawei in the United Kingdom and Germany. Politicians are increasingly focused on the need to safeguard European values and interests vis-à-vis China. Impacts COVID-19 has also seen public views of the United States and Russia worsen; this could strengthen European unity and cooperation. Shifting European policy and opinion towards China will make Beijing less inclined to agree to an investment treaty with the EU. Concerns over China's behaviour and the effect of US sanctions on Huawei could see other countries follow the UK lead in banning the firm.

scholarly journals Winner of the SLS Annual Conference Best Paper Prize 2013: Bogeymen, lunatics and fanatics: collective actions and the private enforcement of European competition law

Legal Studies ◽  
2014 ◽  
Vol 34 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Bruce Wardhaugh
Keyword(s):  
Competition Law ◽  
Legal Culture ◽  
Class Action ◽  
Private Enforcement ◽  
Annual Conference ◽  
Collective Actions ◽  
Class Actions ◽  
Collective Redress ◽  
Authority Figures ◽  
European Competition Law

The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation.

A Channel Apart: Why the United Kingdom has Departed from the European Commission’s Recommendation on Class Actions

2015 ◽  
Vol 17 ◽  
pp. 36-65 ◽  
Author(s):  
Rachael MULHERON
Keyword(s):  
United Kingdom ◽  
European Commission ◽  
Common Ground ◽  
Class Action ◽  
Reform Agenda ◽  
Class Actions ◽  
The United Kingdom ◽  
Collective Redress ◽  
Opt Out ◽  
The Uk

AbstractOver the course of 2013–15, there have been significant developments in the reform of class actions in Europe. The European Commission published its Recommendation of common principles concerning collective redress in June 2013, whilst the Consumer Rights Act 2015 – which was introduced into the United Kingdom Parliament in January 2014 and obtained Royal Assent on 26 March 2015 – contains a class action for competition law infringements. Although there is some ‘common ground’ between these legislative instruments, their divergences are far more legally significant, and comprise the focus of analysis in this article. Regarding the two topics of standing to sue, and the opt-in versus opt-out approach to forming the class, the approaches of the European Commission and the UK Parliament differ markedly, reflecting the deep policy, political and judicial divisions which have manifested in this area of reform for over a decade. The legislators have also ultimately chosen different scopes of application, with the European Commission preferring a ‘horizontal’ approach to reform, whilst the UK Parliament has pursued a sector-specific reform agenda. In respect of standing to sue and the opt-in versus opt-out debate, there are numerous sound legal and political reasons that manifestly support the UK law-makers’ decision to depart from the 2013 Recommendation. However, in respect of the horizontal-versus-sectoral debate, the topsy-turvy history of reform at both European and domestic levels has resulted, ironically, in both the Commission and UK policy-makers reversing the views which each had initially adopted within the past decade. Undoubtedly, as these reform measures demonstrate, the collective redress landscape is both evolving and controversial.

A ‘phase one’ UK-US trade deal is possible

2020 ◽  
Keyword(s):  
United States ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The United States ◽  
Content Type ◽  
Conservative Government ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

Subject UK-US trade talks. Significance The first round of virtual UK-US free trade negotiations began on Tuesday May 5 and conclude today. While a free trade agreement (FTA) with the United States is a stated priority for the UK government, it will be difficult to conclude a comprehensive deal this year, in particular due to divisions over agrifood and medicine, while there is also not enough time. However, the chances of the United Kingdom and United States agreeing a deal narrower in scope than a fully-fledged FTA are higher. Impacts The main obstacles in reaching an FTA will be regulatory ones. It will be almost impossible for London to address regulatory obstacles with the United States without increasing them in trade with the EU. Washington knows an FTA is politically important for the Conservative government, giving it leverage to shape a favourable deal.

AI adoption in UK healthcare will be slower than hoped

2019 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Health Sector ◽  
Digital Technologies ◽  
Research Programme ◽  
The United States ◽  
Content Type ◽  
The United Kingdom ◽  
The Government ◽  
The Uk

Subject Hopes of transforming NHS by rapidly deploying AI. Significance The government has announced a 370-million-pound (475-million-dollar) research programme to fund new PhDs in artificial intelligence (AI), with a focus on healthcare. The initiative comes in the wake of other steps to enhance the role of digital technologies and AI in particular in the UK health sector. Impacts The growing profile of private-sector app providers in the NHS will intensify the debate over privatising the service. Opacity in AI algorithms makes it difficult to question or recognise faults with the technology. The United Kingdom is likely to lag behind the United States and China on AI healthcare adoption.

Science, Politics, and the Pandemic

2020 ◽  
Vol 119 (820) ◽  
pp. 303-309
Author(s):  
J. Nicholas Ziegler
Keyword(s):  
United States ◽  
Biomedical Research ◽  
Scale Up ◽  
Political Leadership ◽  
The United States ◽  
Scientific Advice ◽  
The United Kingdom ◽  
Effective Policy ◽  
Scientific Expertise ◽  
The Uk

Comparing the virus responses in Germany, the United Kingdom, and the United States shows that in order for scientific expertise to result in effective policy, rational political leadership is required. Each of these three countries is known for advanced biomedical research, yet their experiences in the COVID-19 pandemic diverged widely. Germany’s political leadership carefully followed scientific advice and organized public–private partnerships to scale up testing, resulting in relatively low infection levels. The UK and US political responses were far more erratic and less informed by scientific advice—and proved much less effective.

scholarly journals A Law and Economics Perspective on the EU Directive on Representative Actions

2021 ◽  
Author(s):  
L. Visscher ◽  
M. Faure
Keyword(s):  
Law And Economics ◽  
Class Action ◽  
Third Party ◽  
Collective Actions ◽  
Member States ◽  
Eu Directive ◽  
Opt Out ◽  
Contingency Fees ◽  
Party Funding ◽  
The Eu

AbstractThis article provides an analysis of the Directive on representative actions for the protection of the collective interests of consumers of 25 November 2020. The Directive enables qualified entities to bring representative actions on behalf of the consumer. The article uses a Law and Economics approach to stress the advantages of collective actions as a tool to remedy rational apathy and free-rider behaviour. The article therefore in principle welcomes the fact that this Directive will lead to all Member States having some form of collective redress. However, it is rather difficult to fit this Directive into the economic criteria for centralization as there is no obvious danger of cross-border externalities or a race-to-the-bottom. The article is critical of the fact that the Directive only provides for a representative action and does not mention the alternative of a group action (sometimes referred to as a class action). This is especially problematic if there are very few qualified entities that could bring the representative action. Furthermore, the fact that Member States may choose an opt-in procedure instead of an opt-out procedure is critically evaluated. The most problematic aspect of the Directive is the funding of the representative action. Punitive damages and contingency fees are rejected, and the possibility of third-party funding is restricted. It is therefore to be feared that this Directive, notwithstanding the good intentions, may not lead to much application in practice, since the question of how the representative action is to be financed is not resolved in any satisfactory manner.

scholarly journals Social Sensing of Heatwaves

Sensors ◽  
2021 ◽  
Vol 21 (11) ◽  
pp. 3717
Author(s):  
James C. Young ◽  
Rudy Arthur ◽  
Michelle Spruce ◽  
Hywel T. P. Williams
Keyword(s):  
New York ◽  
The United States ◽  
Measured Temperature ◽  
Social Sensing ◽  
Public Response ◽  
Environmental Consequences ◽  
The United Kingdom ◽  
Social Reaction ◽  
Twitter Activity ◽  
The Uk

Heatwaves cause thousands of deaths every year, yet the social impacts of heat are poorly measured. Temperature alone is not sufficient to measure impacts and “heatwaves” are defined differently in different cities/countries. This study used data from the microblogging platform Twitter to detect different scales of response and varying attitudes to heatwaves within the United Kingdom (UK), the United States of America (US) and Australia. At the country scale, the volume of heat-related Twitter activity increased exponentially as temperature increased. The initial social reaction differed between countries, with a larger response to heatwaves elicited from the UK than from Australia, despite the comparatively milder conditions in the UK. Language analysis reveals that the UK user population typically responds with concern for individual wellbeing and discomfort, whereas Australian and US users typically focus on the environmental consequences. At the city scale, differing responses are seen in London, Sydney and New York on governmentally defined heatwave days; sentiment changes predictably in London and New York over a 24-h period, while sentiment is more constant in Sydney. This study shows that social media data can provide robust observations of public response to heat, suggesting that social sensing of heatwaves might be useful for preparedness and mitigation.

Debates over Irish unification will gain traction

2021 ◽  
Keyword(s):  
Northern Ireland ◽  
Status Quo ◽  
Political Agenda ◽  
Successful Implementation ◽  
Northern Irish ◽  
Content Type ◽  
The United Kingdom ◽  
The Status ◽  
Scottish Independence ◽  
The Uk

Significance The differing perspectives of unionists and nationalists on the creation of Northern Ireland as a political entity within the United Kingdom, together with Brexit and tensions over the Northern Ireland Protocol (NIP), have brought the contentious issue of Irish reunification onto the political agenda in Northern Ireland and the Irish Republic. Impacts Scottish independence would likely increase momentum for a referendum on Irish unity. Successful implementation of the NIP, giving firms access to EU and UK markets, may support arguments for maintaining the status quo. If the UK government abandons the NIP, the adverse trade impact on Northern Irish firms could increase support for unification.

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