3420. Tying Real Estate Products or Services Essential Factual Elements (Bus. Prof. Code, § 16720)

3420. Tying--Real Estate, Products, or Services--Essential Factual Elements (Bus. & Prof. Code, § 16720) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that there is an unlawful tying arrangement in which [specify the particular real estate, product, or services] is the tying product and [specify the particular real estate, product, or services] is the tied product. A "tying arrangement" is the sale of one product, called the "tying product," where the buyer is required or coerced to also purchase a different, separate product, called the "tied product." For example, if a supermarket sells flour only if its customers also buy sugar, that supermarket would be engaged in tying. Flour would be the tying product and sugar the tied product. To establish this claim against [name of defendant], [name of plaintiff] must prove all of the following: 1. 2. That [tying item] and [tied item] are separate and distinct; That [name of defendant] will sell [tying item] only if the buyer also purchases [tied item], or that [name of defendant] sold [tying item] and required or otherwise coerced buyers to [also purchase [tied item]] [agree not to purchase [tied item] from any other supplier]; That [name of defendant] has sufficient economic power in the market for [tying item] to coerce at least some buyers of [tying item] into [purchasing [tied item]] [agreeing not to purchase [tied item] from a competitor of [name of defendant]]; That the conduct involves a substantial amount of sales, in terms of the total dollar value of [tied item]; That [name of plaintiff] was harmed; and 3. 4. 5. 3420. Tying--Real Estate, Products, or Services--Essential Factual Elements (Bus. & Prof. Code, § 16720) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 6. That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003; Revised October 2008