This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Oregon Jury Instruction 3.3.1 Section 1 focuses on the Per Se Violation Conspiracy to Fix Prices, including the Alternative Rule of Reason Instruction. This instruction provides guidelines for determining a violation of antitrust laws and conspiracies aimed at fixing prices. Below, we describe the instruction and its different types in more detail. Oregon Jury Instruction — 3.3.1 Section 1: The Per Se Violation Conspiracy to Fix Prices instruction in Oregon provides guidance to the jury when deciding whether a conspiracy to fix prices has occurred. It is important to note that antitrust law violations can significantly impact competition in the market, leading to increased costs for consumers, limited choices, and reduced innovation. To combat these potential harms, it is essential to have clear legal instructions for determining violations. The Per Se Violation Conspiracy to Fix Prices instruction primarily applies the per se standard, which considers certain activities as inherently illegal without considering their justifications or effects. Under this instruction, if the jury finds that a conspiracy to fix prices exists, they will conclude that it violates antitrust laws regardless of mitigating circumstances or potential economic benefits. However, the Alternative Rule of Reason Instruction also comes into play under certain circumstances. This instruction allows the jury to evaluate justifications, economic benefits, and potential anti-competitive effects when determining whether the conspiracy to fix prices should be considered illegal. In contrast to the per se standard, the rule of reason analysis requires a more comprehensive assessment of the impact of the alleged conspiracy. Different types or elements of Oregon Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction, may include: 1. Elements of Conspiracy: The instruction describes the essential elements necessary for establishing a conspiracy. These elements typically involve an agreement or understanding between parties to fix prices or engage in anti-competitive behavior. 2. Per Se Standard: The instruction explains the concept of the per se standard, emphasizing that certain activities are inherently illegal without further analysis or consideration of justifications or effects. 3. Alternative Rule of Reason Instruction: This part of the instruction outlines the alternative standard which allows the jury to assess the justifications, economic benefits, and potential anti-competitive effects of the alleged conspiracy before determining its legality. 4. Evaluating Anti-Competitive Behavior: The instruction may provide specific criteria or factors that the jury should consider when evaluating evidence of anti-competitive behavior, such as the impact on competition, consumer welfare, and market dynamics. 5. Jury's Role: The instruction clarifies the jury's responsibility in weighing the evidence, applying the law, and ultimately reaching a verdict based on the facts presented during the trial. By offering clear guidelines and instructions, Oregon Jury Instruction — 3.3.1 Section 1 helps ensure a fair and consistent evaluation of allegations related to conspiracy to fix prices, providing safeguards for both businesses and consumers. Legal professionals and juries can refer to this instruction to better understand the complexities of antitrust laws and make informed determinations in cases involving alleged violations.
Oregon Jury Instruction 3.3.1 Section 1 focuses on the Per Se Violation Conspiracy to Fix Prices, including the Alternative Rule of Reason Instruction. This instruction provides guidelines for determining a violation of antitrust laws and conspiracies aimed at fixing prices. Below, we describe the instruction and its different types in more detail. Oregon Jury Instruction — 3.3.1 Section 1: The Per Se Violation Conspiracy to Fix Prices instruction in Oregon provides guidance to the jury when deciding whether a conspiracy to fix prices has occurred. It is important to note that antitrust law violations can significantly impact competition in the market, leading to increased costs for consumers, limited choices, and reduced innovation. To combat these potential harms, it is essential to have clear legal instructions for determining violations. The Per Se Violation Conspiracy to Fix Prices instruction primarily applies the per se standard, which considers certain activities as inherently illegal without considering their justifications or effects. Under this instruction, if the jury finds that a conspiracy to fix prices exists, they will conclude that it violates antitrust laws regardless of mitigating circumstances or potential economic benefits. However, the Alternative Rule of Reason Instruction also comes into play under certain circumstances. This instruction allows the jury to evaluate justifications, economic benefits, and potential anti-competitive effects when determining whether the conspiracy to fix prices should be considered illegal. In contrast to the per se standard, the rule of reason analysis requires a more comprehensive assessment of the impact of the alleged conspiracy. Different types or elements of Oregon Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction, may include: 1. Elements of Conspiracy: The instruction describes the essential elements necessary for establishing a conspiracy. These elements typically involve an agreement or understanding between parties to fix prices or engage in anti-competitive behavior. 2. Per Se Standard: The instruction explains the concept of the per se standard, emphasizing that certain activities are inherently illegal without further analysis or consideration of justifications or effects. 3. Alternative Rule of Reason Instruction: This part of the instruction outlines the alternative standard which allows the jury to assess the justifications, economic benefits, and potential anti-competitive effects of the alleged conspiracy before determining its legality. 4. Evaluating Anti-Competitive Behavior: The instruction may provide specific criteria or factors that the jury should consider when evaluating evidence of anti-competitive behavior, such as the impact on competition, consumer welfare, and market dynamics. 5. Jury's Role: The instruction clarifies the jury's responsibility in weighing the evidence, applying the law, and ultimately reaching a verdict based on the facts presented during the trial. By offering clear guidelines and instructions, Oregon Jury Instruction — 3.3.1 Section 1 helps ensure a fair and consistent evaluation of allegations related to conspiracy to fix prices, providing safeguards for both businesses and consumers. Legal professionals and juries can refer to this instruction to better understand the complexities of antitrust laws and make informed determinations in cases involving alleged violations.