3405. Horizontal and Vertical Restraints (Use for Direct Competitors or Supplier or Reseller Relations)

3405. Horizontal and Vertical Restraints (Use for Direct Competitors or Supplier/Reseller Relations)--Other Unreasonable Restraint of Trade--Rule of Reason--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] agreed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 [insert unreasonable restraint of trade]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. That [name of defendant] [and [name of alleged co-participant[s]]] agreed to [describe conduct constituting an unreasonable restraint of trade]; 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. ________________________________________________________________________________ New September 2003