3402. Horizontal Restraints Dual Distributor Restraints Essential Factual Elements

3402. Horizontal Restraints--Dual Distributor Restraints-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [stopped doing business with/refused to deal with/restrained] [[him/her/it]/a reseller]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] sold [products] directly in competition with [[name of plaintiff]/a reseller] to a significant portion of [[name of plaintiff]/the reseller]'s customers or potential customers; That [name of defendant] [stopped doing business with/refused to deal with/restrained] [[name of plaintiff]/the reseller]; That a motivating reason for the decision to [end business with/refuse to deal with/restrain] [[name of plaintiff]/the reseller] was [his/her/its] refusal to agree to [name of defendant]'s [specify the claimed restraint, e.g., territorial or customer restrictions]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. ________________________________________________________________________________ New September 2003