Mississippi Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction: In legal proceedings regarding antitrust violations, the Mississippi Jury Instruction — 3.3.1 Section 1 relates to per se violations of conspiracy to fix prices. This particular instruction encompasses an alternative instruction known as the rule of reason instruction. The per se violation indicates that the alleged conspiracy to fix prices is presumed to be illegal and anti-competitive without considering the specific circumstances or justifications behind the actions. It implies that such conduct is inherently harmful to competition and lacks any redeeming qualities, thus warranting condemnation. However, the Mississippi Jury Instruction — 3.3.1 Section 1 also includes an alternative instruction called the rule of reason instruction. This instruction acknowledges that there may be some instances where a conspiracy to fix prices, upon examination, may be determined to be pro-competitive or have legitimate justifications. Under the rule of reason instruction, the court and jury consider the specific facts and evidence presented during the trial to determine whether the alleged conspiracy had an overall positive effect on competition or if it caused harm to consumers and the market. By specifying the per se violation and the alternative rule of reason instruction, this jury instruction provides guidance to the court and jurors on the proper evaluation and determination of price-fixing conspiracies in Mississippi.
Mississippi Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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