Minnesota Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction: The Minnesota Jury Instruction — 3.3.1 Section 1 provides guidance to jurors on how to interpret and apply the law in cases involving per se violation of conspiracy to fix prices. This particular section includes an alternative rule of reason instruction that offers an alternative approach to the analysis. In cases where a per se violation of conspiracy to fix prices is alleged, the court instructs the jury to presume that the agreement or conspiracy is illegal without considering its actual effects. Under this per se approach, the agreement is deemed inherently anticompetitive, and the burden falls on the defendants to provide a lawful justification or prove that the agreement has pro-competitive benefits. If defendants fail to do so, the jury is directed to find them liable for price-fixing. However, the Minnesota Jury Instruction — 3.3.1 Section 1 also includes an alternative rule of reason instruction. This instruction acknowledges that not all agreements to fix prices are necessarily anticompetitive, and they could have legitimate business justifications. The rule of reason approach requires a more nuanced analysis, considering the overall impact on competition, potential pro-competitive benefits, and possible anticompetitive effects. In cases where the alternative rule of reason instruction is applicable, the court instructs the jury to weigh the evidence to determine whether the agreement unreasonably restrains trade or has anti-competitive consequences that outweigh any potential justifications. The jury must assess the competitive impact of the agreement, such as its effect on market prices, consumer welfare, product quality, innovation, and other relevant factors. It is important to note that the Minnesota Jury Instruction — 3.3.1 Section 1 provides these alternative instructions to allow jurors to consider both the per se violation approach and the rule of reason approach, depending on the circumstances and evidence presented in the case. The specific type of instruction used will depend on whether the alleged conspiracy to fix prices falls within the sphere of per se violation or requires a rule of reason analysis. Overall, the purpose of Minnesota Jury Instruction — 3.3.1 Section 1 is to guide jurors in understanding the legal standards and principles related to per se violations of conspiracy to fix prices, offering them clarity on how to evaluate the evidence and reach a fair and informed verdict.