Collective Litigation in Economic Context: A Comparative Analysis

Document Type

Book Chapter

Publication Date



Collective Litigation Regimes, Economic Viability, Economics, Class Actions, Jurisdictional Differences


Perhaps the most significant feature of any collective litigation regime its economic viability: who pays, what does it cost, and does the aggregative mechanism adopted by the legislator provide the necessary incentive for pivotal actors to pursue litigation. Statutes tell us very little about the economics of class actions or the identity of the actors who economically enable class actions to exist. The case studies in this part help fill that void. This chapter provides a comprehensive framework within which the economics of class actions can be better appreciated.