Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification

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US-11CF-3-3-2
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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.

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FAQ

The Sherman Act outlawed contracts and conspiracies restraining trade and/or monopolizing industries. For example, the Sherman Act says that competing individuals or businesses can't fix prices, divide markets, or attempt to rig bids. The Sherman Act laid out specific penalties and fines for violating the terms.

Antitrust law is the law of competition. Why then is it called antitrust? The answer is that these laws were originally established to check the abuses threatened or imposed by the immense trusts that emerged in the late 19th Century.

Antitrust laws protect competition. Free and open competition benefits consumers by ensuring lower prices and new and better products. In a freely competitive market, each competing business generally will try to attract consumers by cutting its prices and increasing the quality of its products or services.

The Sherman Act; the Clayton Act; and. the Federal Trade Commission Act (FTCA).

The main statutes are the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914.

ANTITRUST LAWS The most common antitrust violations fall into two categories: (i) Agreements to restrain competition, and (ii) efforts to acquire a monopoly. In the case of a merger, a combination that would likely substantially reduce competition in a market would also violate antitrust laws.

ANTITRUST LAWS The most common antitrust violations fall into two categories: (i) Agreements to restrain competition, and (ii) efforts to acquire a monopoly. In the case of a merger, a combination that would likely substantially reduce competition in a market would also violate antitrust laws.

An example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition.Another example of an antitrust violation is collusion. For example, three companies manufacture and sell widgets. They charge $1.00, $1.05, and $1.10 for their widgets.

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Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification