Maine Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification, is a legal instruction given to a jury in Maine regarding tying agreements. Tying agreements are a form of anticompetitive practice where a seller requires a buyer to purchase a certain product or service as a condition for obtaining another product or service. In this instruction, the jury is informed about the per se violation of a tying agreement, which means that the agreement is regarded as illegal without considering its economic impact or justification. However, the instruction also introduces the defense of justification, which allows the defendant to argue that their tying arrangement is necessary for business efficiency, innovation, or other legitimate reasons. The purpose of this jury instruction is to guide the jury in determining whether a per se tying agreement violation has occurred, and whether the defense of justification raised by the defendant is reasonable and valid. The instruction provides relevant legal principles and factors the jury should consider while evaluating the evidence and arguments presented. Different types or variations of Maine Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification, may include: 1. Per Se Violation of a Tying Agreement: — This instruction focuses on explaining the legal concept of per se tying agreement violation and highlights the element of illegality without considering potential justifications. 2. Defense of Justification — Business Efficiency— - This instruction highlights the defense of justification based on business efficiency, where the defendant argues that the tying arrangement is necessary for cost-effective operations, streamlined processes, or other efficiency-related reasons. 3. Defense of Justification — Innovation— - This instruction emphasizes the defense of justification based on innovation, where the defendant asserts that the tying agreement fosters technological advancement, product development, or enhances competition in the market. 4. Defense of Justification — Other Legitimate Reasons— - This instruction addresses the defense of justification based on other legitimate reasons not covered in the previous instructions. It allows the defendant to present arguments supporting the necessity of the tying agreement for reasons such as quality control, customer satisfaction, or market protection. The specific type of instruction used will depend on the nature of the case and the arguments put forth by the parties involved. The jury will be instructed accordingly to ensure a fair and informed assessment of the tying agreement and the defense of justification.