Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction refers to a specific legal guideline provided to jurors in Virginia when deliberating on a case involving a conspiracy to fix prices, particularly where the alleged violation is considered a per se violation, but also includes an alternative instruction based on the rule of reason doctrine. In antitrust law, a per se violation means that the alleged conduct is considered inherently unlawful and automatically illegal without the need to prove its anti-competitive effects. This particular jury instruction is used when the prosecution claims that the defendants have engaged in a conspiracy to fix prices, depriving the market of free competition. The instruction guides the jury on how to analyze the evidence and reach a verdict in such a case. It usually highlights the elements that need to be proven, such as an agreement or understanding among competitors, an intent to fix prices, and significant anti-competitive effects. It also emphasizes that the existence of a formal agreement is not necessary, and a tacit understanding or a conscious parallelism of conduct may be sufficient to establish a conspiracy. Furthermore, the instruction includes an alternative rule of reason component. The rule of reason doctrine allows for a more detailed analysis of the alleged conduct, taking into account it's potentially pro-competitive justifications or economic benefits. It requires weighing the anti-competitive effects against the pro-competitive benefits to determine if the overall impact on the market is harmful or beneficial. Different types or variations of Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction may exist for various specific circumstances, depending on the unique facts and legal issues of the case. These variations could address specific evidence or arguments put forth by the prosecution or defense, based on the intricacies of each case. It is important for jurors to carefully consider the evidence, testimony, and instructions provided in order to fairly and accurately evaluate whether there was a conspiracy to fix prices and, if so, whether it constitutes a per se violation or should be evaluated under the rule of reason doctrine.