Texas Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction In Texas, the Jury Instruction 3.3.1 Section 1 provides guidance when determining a Per Se Violation Conspiracy to Fix Prices. This instruction is essential in cases where there is evidence of an agreement or conspiracy between two or more parties to fix prices of goods or services. It helps jurors understand the legal framework and standards for evaluating such cases in the state of Texas. The purpose of this jury instruction is to inform jurors about the specific elements required to establish a per se violation of the conspiracy to fix prices, as well as the alternative rule of reason instruction. Both legal theories are relevant in analyzing antitrust cases involving price-fixing conspiracies, but they differ in their approach and burden of proof. The Per Se Violation Conspiracy to Fix Prices instruction is applicable when there is clear evidence of an agreement between the defendants to fix prices. The word "per se" means that the court considers such agreements inherently illegal without requiring further examination of the actual economic impact. If the jury finds that the defendants engaged in a price-fixing conspiracy, they are instructed to consider it a per se violation and conclude that the law has been violated. On the other hand, the instruction also includes an alternative Rule of Reason analysis. In cases where the defendants argue that their alleged conspiracy had economic justifications or pro competitive effects, the jury needs to apply the Rule of Reason instruction. This instruction evaluates the overall impact of the agreement on competition and examines whether it unreasonably restrains trade. Under the Rule of Reason, the jury must weigh the anticompetitive effects against any justifications presented by the defendants. It is worth noting that the Texas Jury Instruction 3.3.1 Section 1 may have different variations or updates over time to reflect new legal precedents or changes in legislation. Therefore, it is essential for attorneys and jurors involved in antitrust cases involving price-fixing conspiracies to consult the most up-to-date version of this instruction to ensure its accuracy and applicability. In summary, the Texas Jury Instruction 3.3.1 Section 1 provides detailed guidance for jurors in cases involving Per Se Violation Conspiracy to Fix Prices. It assists in determining the presence of a price-fixing agreement and instructs the jury on applying the appropriate legal standard, whether it be the per se rule or the alternative Rule of Reason analysis. The instruction aims to ensure fair, informed, and accurate decision-making in antitrust cases in Texas courts.