Nassau New York Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification, is a legal guideline provided to the jury during a trial in Nassau County, New York. This particular section focuses on the defense of justification for a tying agreement, which is a type of antitrust violation. A tying agreement occurs when a seller requires a buyer to purchase another product or service in addition to the desired product. This practice can be considered anti-competitive and can harm market competition. In this jury instruction, the defense of justification is explored. The defense of justification argues that the defendant had a legitimate reason or valid business purpose to engage in the tying agreement. It aims to prove that the defendant's actions were reasonable and did not violate antitrust laws. The content covered under Nassau New York Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification may include: 1. Definition of a tying agreement: The instruction might provide a clear definition of what constitutes a tying agreement, emphasizing the requirement of purchasing an additional product or service. 2. Per se violation: The instruction may explain that a tying agreement is considered a per se violation, meaning that it is inherently illegal without requiring further analysis of its economic effects. 3. Burden of proof: The instruction would outline the burden on the defense to prove that they had a legitimate business justification for engaging in the tying agreement. 4. Standard of justification: The content might discuss the standard the defense must meet to establish a valid justification, such as showing that the tying arrangement promotes efficiency, innovation, or enhances consumer welfare. 5. Factors for consideration: The instruction may provide specific factors or elements that the jury should consider when evaluating the defense's justification claim. This could include assessing the market conditions, the defendant's market power, customer preferences, and the impact on competition. 6. Rejection of justification defense: In some cases, the instruction might explicitly mention that a justification defense may be rejected if it is found to be insufficient or lacking credibility. Different types or variations of Nassau New York Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification may exist depending on the specific circumstances of the case or updates to the law. The content of the instruction might be adjusted based on legal precedents, changes in antitrust regulations, or other relevant factors.