3411. Rule Of Reason Anticompetitive Versus Beneficial Effects

3411. Rule of Reason--Anticompetitive Versus Beneficial Effects Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In deciding whether [name of defendant]'s challenged restraint had an anticompetitive or beneficial purpose or effect on competition, you should consider the results the restraint was intended to achieve or actually did achieve. In balancing these purposes or effects, you also may consider, among other factors, the following: (a) The nature of the restraint; (b) The probable effect of the restraint on the business involved; (c) The history of the restraint; (d) The reasonableness of the stated purpose for the restraint; (e) (f) The availability of less restrictive means to accomplish the stated purpose; The portion of the market affected by the restraint; [and] (g) The extent of [name of defendant]'s market power; [and] (h) [Insert other relevant consideration]. ________________________________________________________________________________ New September 2003