Phoenix Arizona Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification is a specific legal instruction provided to the jury in Phoenix, Arizona, in cases involving tying agreements and potential violations of antitrust laws. This instruction assists the jurors in understanding the defense of justification that can be presented by the defendant in such cases. A tying agreement, as referenced in this instruction, refers to a situation where a party engages in the practice of selling a particular product or service (the "tying" product) only on the condition that the buyer also purchases a separate product or service (the "tied" product). Tying agreements may violate antitrust laws, as they potentially result in anti-competitive behavior and hinder market competition. In cases where a defendant is accused of engaging in a per se violation of a tying agreement, meaning that the alleged conduct is automatically considered unlawful, the defense of justification becomes relevant. Under this defense, the defendant argues that their conduct does not violate antitrust laws due to justifiable reasons, such as efficiency gains, technological advancement, or enhanced product quality. Phoenix Arizona Jury Instruction — 3.3.2 Section 1 further details the elements that the defendant must establish to successfully prove the defense of justification. One of these elements may involve presenting evidence on how the tying agreement resulted in pro-competitive benefits that outweighed any potential anti-competitive harm. It is important to note that there may not be different types of this specific jury instruction. However, other sections of the Phoenix Arizona Jury Instructions may address different aspects of per se violation tying agreements or other antitrust-related matters that could be relevant in cases. These instructions would provide guidance to the jury on various legal principles, standards of evidence, and burden of proof required in such cases to ensure fair and proper deliberation.