Connecticut Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification is a legal instruction provided to juries in Connecticut which pertains to antitrust law. This particular instruction focuses on the defense of justification in cases involving per se violations of tying agreements. A tying agreement occurs when a party requires another party to purchase one product or service in order to obtain another product or service. This practice is considered anti-competitive and may violate antitrust laws if it significantly restrains trade. The Connecticut Jury Instruction — 3.3.2 Section 1 explains that a defendant implicated in a per se violation tying agreement case may employ a defense of justification. This defense requires the defendant to establish that the tying arrangement is necessary for various legitimate reasons. The instruction may encompass different types of justifications that defendants can present to explain their actions. One possible justification is the pro-competitive justification, which asserts that the tying arrangement actually benefits competition and enhances overall consumer welfare. In such cases, the defendant would need to provide evidence to support their claim that the tying agreement promotes competition. Another potential defense of justification addressed by this section could be an efficiency justification. Here, the defendant argues that the tying agreement certain efficiencies in the market, leading to cost savings or improved product quality. The defendant would have to present evidence demonstrating these efficiencies and why they outweigh any potential anti-competitive effects. Additionally, the instruction may cover other relevant defenses, such as a lack of market power. If the defendant can prove that they lack sufficient market power to restrain trade, it may serve as a viable defense against the per se violation of tying agreement allegations. In summary, the Connecticut Jury Instruction — 3.3.2 Section 1 educates jurors about the defense of justification available to defendants facing per se violation tying agreement charges. The types of justifications that can be presented include pro-competitive, efficiency, and lack of market power defenses, among others. Jurors are instructed to carefully evaluate the evidence and arguments presented by both the prosecution and the defense before reaching a verdict.