3413. Rule Of Reason Product Market Explained

3413. Rule of Reason--"Product Market" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that the product market is [insert claimed product market, e.g., "paper clips"]. [Name of defendant] claims that the product market is [insert claimed product market, e.g., "all paper fasteners"]. To define the product market, you must determine which [products/services] are in the market in which [name of defendant] is claimed to have carried out its restraint of trade. A product market consists of all [products/services] that can reasonably be used for the same purpose. [Products/services] are not in the same product market if users are not likely to substitute one for the other. In deciding whether products are reasonable substitutes, you may consider whether a small increase in the price of one product would cause a considerable number of customers of that product to switch to a second product. If so, these two products are likely to be in the same market. If a significant increase in the price of one product does not cause a significant number of consumers to switch to a second product, these products are not likely to be in the same market. ________________________________________________________________________________ New September 2003