In civil law countries the judicial system has traditionally been designed to protect individual rights. However, certain collective rights have garnered protection in Latin America and the rise of consumer associations and the influence from other jurisdictions have increased the cases and importance of class actions for market participants.

Yet more than 20 years after the Model Code of Collective Proceedings for Ibero-America 2004, the progress of class actions has been inconsistent across Latin America, both in legislation and in judicial decisions.

This session will present a practical overview of the issues related to class actions in Latin America, highlighting the key areas – such as antitrust – where this protective mechanism has evolved and discussing the ongoing challenges in balancing collective access to justice and defence rights.