The Oakland Michigan Jury Instruction 3.3.1 Section 1 pertains to the topic of "Per Se Violation Conspiracy To Fix Prices" and includes an Alternative Rule of Reason Instruction. This instruction provides detailed guidance to a jury on how to assess and evaluate a case involving a per se violation of conspiracy to fix prices. In cases involving an alleged conspiracy to fix prices, there are generally two types of instructions that may be provided to the jury: The standard per se violation instruction and the alternative rule of reason instruction. 1. Per Se Violation Instruction: The per se violation instruction is typically given when the alleged antitrust violation falls within a category that is considered inherently illegal without the need for further analysis. In this context, if the jury finds that the defendants engaged in a conspiracy to fix prices, they are automatically deemed liable for the violation, regardless of any potential justifications or counterarguments. The per se violation instruction simplifies the jury's task by removing the need for assessing the specific effects or justifications involved in the case. 2. Alternative Rule of Reason Instruction: The alternative rule of reason instruction comes into play when the court determines that an alleged conspiracy to fix prices can't be categorically deemed a per se violation. This instruction requires the jury to conduct a more in-depth analysis of the case. They must consider various factors, such as the specific market conditions, potential justifications for the alleged actions, and the overall competitive impact. The instruction guides the jury through a framework wherein they weigh the evidence, arguments, and potentially conflicting testimonies before making a decision on whether the defendants' actions violated the antitrust laws. With these instructions in place, the Oakland Michigan Jury Instruction 3.3.1 Section 1 provides a comprehensive and detailed set of guidelines for the jury, helping them navigate the complexities involved in assessing and determining liability in cases of conspiracy to fix prices.