The Oakland Michigan Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification refers to a specific set of guidelines provided to the jury during legal proceedings in Oakland, Michigan. This particular section deals with the defense of justification for a per se violation tying agreement. A per se violation tying agreement refers to a situation where a party in a contractual relationship forces or compels another party to enter into a separate agreement that they might otherwise not willingly enter into. This can be seen as anti-competitive behavior and is generally considered illegal under antitrust laws. Section 1 of the instruction discusses the defense of justification that the accused party may present to counter the allegations of a per se violation tying agreement. It explores different justifications or legitimate reasons that may have led to such an agreement, aiming to demonstrate that it was not anti-competitive or harmful to the market. Examples of defense of justification in a per se violation tying agreement can include: 1. Technological Efficiency: The accused party may argue that the tying arrangement was necessary to achieve greater efficiency or advance in technology. They might claim that it allowed for the development of better-quality products or services and increased overall consumer welfare. 2. Pro-Competitive Benefits: The defendant may argue that the tying arrangement actually promotes competition in the market. They may assert that it encourages innovation by providing incentives for research and development or that it leads to improved customer choice and convenience. 3. Cost Reduction: Another defense of justification could involve the allegation that the tying agreement was necessary to reduce costs. The accused party might argue that it was a means to achieve economies of scale or lower distribution costs, which could eventually benefit consumers through lower prices. 4. Market Integrity: The defendant might assert that the tying agreement was necessary to preserve the integrity or quality of the market. They may argue that it was crucial to maintain a certain level of control over how their products or services are used, thus ensuring the reputation and value of their brand. It's important to note that the applicability and success of these defense strategies depend on the specific facts and circumstances of each case. The jury will carefully assess the evidence presented by both the prosecution and the defense, considering relevant laws, precedents, and standards, to determine whether the accused party's defense of justification holds ground. Overall, the Oakland Michigan Jury Instruction — 3.3.2 Section 1 plays a crucial role in guiding the jury's understanding of the defense of justification in a per se violation tying agreement case. It acknowledges that certain tying arrangements might be justifiable and legal under specific circumstances, highlighting the complexity of antitrust laws and their application in the real world.