Minnesota Jury Instruction — 3.3.2 Section 1 deals with the defense of justification in cases involving per se violation tying agreements. In this context, a "tying agreement" occurs when a party with market power requires customers to purchase one product or service as a condition for obtaining another product or service. The defense of justification allows the defendant to present evidence to justify their actions, claiming that the tying agreement was necessary or economically beneficial. To successfully use this defense, the defendant must provide sufficient evidence to demonstrate that the tying arrangement was pro-competitive, outweighing any potential anti-competitive effects. There are different types of tying agreements that may fall under this section: 1. Per Se Violation Tying Agreement: This refers to a tying agreement that, on its face, violates antitrust laws. As per antitrust laws, certain tying agreements are considered inherently anti-competitive and illegal without further analysis. Under this section, the jury would consider whether the defendant engaged in a per se illegal tying arrangement. 2. Defense of Justification: This defense is available to the defendant when they can demonstrate that their actions in entering into the tying agreement were justified. The defendant must provide evidence that the tying arrangement had legitimate pro-competitive justifications outweighing any anti-competitive effects. By presenting evidence and arguments related to the defense of justification, the defendant aims to refute the allegations of engaging in an illegal tying agreement. Suitable evidence could include factors such as cost efficiencies, product compatibility, or advancements in technology, which would justify their actions as benefiting the market or consumers. It is important to note that the success of this defense relies heavily on the strength of the evidence and the ability to convince the jury that the tying arrangement had legitimate justifications that outweighed any anti-competitive effects. It is ultimately the jury's responsibility to assess and determine whether the defense of justification has been sufficiently proven by the defendant. In conclusion, Minnesota Jury Instruction — 3.3.2 Section 1 addresses per se violation tying agreements and the defense of justification that can be used by defendants in such cases. This instruction aims to guide the jury in evaluating the legality of the tying arrangement and considering whether the defendant has justified their actions by providing evidence of legitimate pro-competitive justifications.