Delaware Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction In Delaware, a highly significant legal instruction provided to juries involved in antitrust cases is Delaware Jury Instruction — 3.3.1 Section 1. This instruction specifically pertains to the per se violation of conspiracy to fix prices and also encompasses the alternative rule of reason instruction. This instruction guides the jury in understanding the key elements and legal standards in cases involving price-fixing conspiracies. The instruction is divided into different sections, each addressing specific aspects of the case. One type of Delaware Jury Instruction — 3.3.1 Section 1 is the Per Se Violation Instruction. Under the per se standard, certain types of anticompetitive agreements or actions are deemed illegal without requiring extensive analysis of their actual impact on competition. By applying this instruction, the court emphasizes to the jury that certain price-fixing agreements are inherently illegal, regardless of any justifications or mitigating factors. It informs the jury to consider direct evidence of a conspiracy to fix prices and emphasizes that such conduct is presumed harmful to competition and customers. The second type of instruction involved within Delaware Jury Instruction — 3.3.1 Section 1 is the Alternative Rule of Reason Instruction. Unlike the per se violation standard, the rule of reason requires a comprehensive analysis of the alleged price-fixing conspiracy and considers both its potential anticompetitive effects and potential efficiency justifications. This instruction directs the jury to evaluate the purpose, nature, and impact of the price-fixing agreement in question and consider whether any pro-competitive justifications may counterbalance any anticompetitive harm. Combined, these two types of instructions allow the jury to understand the different legal standards applicable to price-fixing conspiracies and make informed decisions based on the evidence presented during trial. The purpose of Delaware Jury Instruction — 3.3.1 Section 1 is to define the legal parameters and assist the jury in distinguishing between per se violations and those requiring a rule of reason analysis. Overall, Delaware Jury Instruction — 3.3.1 Section 1 plays a crucial role in guiding juries in antitrust cases involving price-fixing conspiracies. By considering the per se violation instruction and the alternative rule of reason instruction, the jury can comprehensively analyze the evidence and determine whether the defendants have engaged in illegal conduct that harms competition, consumers, and the marketplace.