3404. Horizontal Restraints-Group Boycott-Rule Of Reason-Essential Factual Elements

3404. Horizontal Restraints--Group Boycott--Rule of Reason-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] agreed to [describe conduct, e.g., "formulate an arbitrary membership limitation rule with [identify other participant[s]]"]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] and [name of alleged co-participant[s]] agreed to [describe conduct, e.g., "formulate an arbitrary membership limitation rule"]; That the purpose or effect of [name of defendant]'s conduct was to restrain competition; That the anticompetitive effect of the restraint[s] outweighed any beneficial effect on competition; 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