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Full-Text Articles in Law
Class Actions And Private Antitrust Litigation, Albert H. Choi, Kathryn E. Sprier
Class Actions And Private Antitrust Litigation, Albert H. Choi, Kathryn E. Sprier
Law & Economics Working Papers
When firms collude and charge supra-competitive prices, consumers can bring antitrust lawsuits against the firms. When the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high, the firms lower the price to deter litigation. Class action is modeled as a mechanism that allows plaintiffs and attorneys to obtain economies of scale. We show that class actions, and the firms' incentive to block them, may or may not be socially desirable. Agency problems, settlement, fee-shifting, treble damages, public enforcement, and sustaining collusion through repeat play are also considered.
Boilerplate’S False Dichotomy, James Gibson
Boilerplate’S False Dichotomy, James Gibson
Law Faculty Publications
The argument against enforcing boilerplate contracts (contracts that no one reads) seems clear. Indeed, if this were a court case we would say that the jury is in; the evidence against boilerplate is overwhelming. Yet the judge has yet to render judgment. Courts continue to enforce boilerplate terms, and even those scholars who have exposed boilerplate as an emperor with no clothes are reluctant to gaze upon its nakedness and condemn its use.
This reluctance originates in an assumption that pervades the boilerplate debate—namely, that courts and commentators alike view boilerplate as necessary to the modern transaction. When asked to …
Class Actions Suits Vs. Arbitration Clause (Mexico), Jorge E. De Hoyos Walther
Class Actions Suits Vs. Arbitration Clause (Mexico), Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
On September 24, 2014, the Mexican Supreme Court (SCJN) issued a landmark decision in the world of arbitration and class action suits. In summary, SCJN upheld that it is possible to file a class action suit, even though an arbitration clause is included in the agreement that governs the business relationship
Class Action In Mexico, Jorge E. De Hoyos Walther
Class Action In Mexico, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.