Class Action in French Corporate Law
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This paper argues that U.S.-style class action would provide greater protection to the investor in France by acting in tandem with public enforcement as a deterrent and by increasing investor confidence. The first part describes the pros and cons of American-style class actions and the second part examines the prospects of introducing such a procedure into the French legal system. The French government proposed a bill in 2006 limited to consumer class action which was criticized as too benign. The author is of the opinion that a fully fledged class action would be beneficial to French markets ...
This paper argues that U.S.-style class action would provide greater protection to the investor in France by acting in tandem with public enforcement as a deterrent and by increasing investor confidence. The first part describes the pros and cons of American-style class actions and the second part examines the prospects of introducing such a procedure into the French legal system. The French government proposed a bill in 2006 limited to consumer class action which was criticized as too benign. The author is of the opinion that a fully fledged class action would be beneficial to French markets arguing that a procedural mechanism covering both investors and consumers would increase investor confidence, benefit capital markets, mitigate manager/owner agency costs and promote greater disclosure and better corporate governance practices in France.
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