Contra Costa California Jury Instruction — 3.3.1 Section 1: Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction The Contra Costa California Jury Instruction — 3.3.1 Section 1 is a crucial legal guideline utilized in cases involving price-fixing conspiracy. This instruction focuses on the per se violation of the conspiracy to fix prices and also includes an alternative instruction based on the rule of reason. In cases where businesses or individuals are accused of engaging in a conspiracy to fix prices, this jury instruction provides detailed guidance for jurors to reach a fair and informed decision. The instruction begins by explaining the per se violation of conspiracy, which means that if certain elements are proven, the violation is deemed illegal without further analysis. Key elements contained within this instruction include discussions on the agreement, which requires proof of an explicit or implicit understanding between parties to fix prices, rather than mere parallel conduct. Additionally, proof of concerted action, meaning that the defendants acted together, is required. The instruction also highlights the alternative instruction based on the rule of reason. In cases where defendants argue that their conduct was not unreasonably harmful to competition, the jury is provided with an alternative approach to evaluating the alleged price-fixing conspiracy. Under the rule of reason, the jury must consider various factors, such as the market conditions, the defendants' market power, the potential pro-competitive justifications, and the overall impact on competition. It is important to note that the Contra Costa California Jury Instruction — 3.3.1 Section 1 may be modified or accompanied by additional instructions depending on the specific circumstances of the case. This instruction serves as a fundamental tool to aid jurors in understanding the legal standards and making informed decisions regarding the allegations of price-fixing conspiracy. Other types or versions of the Contra Costa California Jury Instruction — 3.3.1 Section 1 may exist, but they would generally revolve around providing exceptional guidance in cases involving the per se violation of conspiracy to fix prices and may include alternative instructions based on different legal standards or circumstances.