West Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy to Fix Prices — Includes Alternative Rule of Reason Instruction In West Virginia, the Jury Instruction — 3.3.1 Section 1 covers the topic of Per Se Violation Conspiracy to Fix Prices, which also includes an Alternative Rule of Reason Instruction. This instruction is relevant in cases where there is an alleged conspiracy to manipulate prices in violation of antitrust laws. The instruction informs the jury about the legal principles and standards that should be applied in determining whether the defendants are guilty of the alleged violation. It guides the jury in understanding the intricacies of the case and provides them with clear instructions on how to evaluate the evidence and reach a fair verdict. The Per Se Violation Conspiracy to Fix Prices refers to a situation where the defendants are accused of engaging in an agreement or conspiracy with others to manipulate or fix prices of certain goods or services. It is called a "per se violation" because the act is inherently anti-competitive, and its detrimental effects on competition are presumed. However, the instruction also includes an Alternative Rule of Reason Instruction. This means that in addition to the per se violation, the jury is also provided with an alternative standard known as the rule of reason. The rule of reason requires a more detailed analysis of the facts and circumstances of the alleged conspiracy to determine whether it unreasonably restrains competition. The instruction helps the jury understand that while a per se violation is generally considered illegal, in some cases, a defendant may present evidence to justify or excuse their actions under the rule of reason. The jury is then required to evaluate the evidence presented by both parties and determine whether the defendants' alleged actions had a valid economic justification or whether they unreasonably interfered with competition. Overall, the West Virginia Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy to Fix Prices — Includes Alternative Rule of Reason Instruction is designed to provide clarity to the jury regarding the legal standards and principles underlying conspiracy cases involving price fixing. It ensures that the jury can make an informed decision based on the evidence and legal instructions provided to them. Different types or variations of this jury instruction may exist depending on the specific circumstances of individual cases or changes in relevant laws or legal precedents. It is always important to consult the most up-to-date version of the instruction provided by West Virginia state authorities or legal professionals familiar with the jurisdiction.