Travis Texas Jury Instruction — 3.3.1 Section 1 is a crucial legal instruction provided to the jury in cases involving conspiracy to fix prices, specifically focusing on per se violations. This instruction is designed to guide the jury in understanding the applicable legal standards and considerations related to price-fixing conspiracies. It also includes an alternative rule of reason instruction, emphasizing the need for a careful evaluation of the evidence before reaching a verdict. In cases involving per se violation conspiracy to fix prices, the Travis Texas Jury Instruction — 3.3.1 Section 1 establishes the following key concepts: 1. Per Se Violation: The instruction emphasizes the nature of per se violations, wherein certain actions or agreements are considered inherently illegal without requiring a detailed analysis of their potential impact on competition. In the context of price-fixing conspiracies, the instruction informs the jury that if they find a conspiracy to fix prices exists and that it meets the criteria for a per se violation, it must be considered illegal. 2. Conspiracy Element: The instruction outlines the elements necessary to establish a conspiracy in the context of price-fixing. These elements usually involve an agreement between two or more individuals or entities to fix prices. The instruction guides the jury in evaluating the evidence and determining whether a conspiracy has been proven. 3. Price-Fixing Agreement: The instruction explains that a price-fixing agreement can be inferred from the conduct and actions of the individuals or entities involved. It directs the jury to consider various factors such as parallel pricing behavior, exchanges of information, or any explicit agreements. 4. Alternative Rule of Reason: The Travis Texas Jury Instruction — 3.3.1 Section 1 also includes an alternative instruction regarding the rule of reason analysis. This instruction highlights that if the jury determines that the alleged conspiracy does not meet the criteria for a per se violation, they must evaluate it under the rule of reason standard. Under this approach, the jury must consider whether the conspiracy unreasonably restrains trade or competition based on a thorough examination of the evidence. It's important to note that the terminology, structure, and content of jury instructions may vary across jurisdictions. However, these key concepts are generally common in instructions related to per se violation conspiracy to fix prices.