Hawaii Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-3-3-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Hawaii Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction: Hawaii Jury Instruction — 3.3.1 Section 1 is a crucial legal instruction provided to juries in Hawaii during court proceedings related to antitrust violations and conspiracies to fix prices. This specific instruction focuses on per se violations of price-fixing conspiracies but also includes an alternative instruction related to the Rule of Reason. A per se violation refers to an offense that is inherently illegal, without the need to consider the specific circumstances or competitive effects. This means that if a price-fixing conspiracy is proven to exist, it is automatically considered illegal under the per se rule. Under this instruction, the jury is informed that if they find evidence of an agreement between competitors to fix prices, it is sufficient to establish a violation regardless of the impact on competition or any claimed justifications. However, the instruction also provides an alternative approach called the Rule of Reason. This alternate instruction allows the jury to consider the competitive impact and justifications presented by the defendants when evaluating the legality of the alleged price-fixing conspiracy. It requires a more comprehensive analysis of the market and economic factors surrounding the conspiracy. Different types of Hawaii Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction may include: 1. Per Se Violation Instruction — This is the primary instruction provided to the jury, emphasizing the per se rule in determining the illegality of a price-fixing agreement. 2. Rule of Reason Instruction — This is an alternative instruction allowing the jury to consider the overall economic impact and justifications in evaluating the legality of the alleged price-fixing conspiracy. 3. Modified Instructions — Depending on the case, the court might modify the instruction or provide additional guidance based on specific circumstances or legal precedents. These modifications can help clarify the application and scope of the instruction. In conclusion, Hawaii Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction is a crucial legal guideline provided to juries in Hawaii courts when deliberating on antitrust cases involving allegations of price-fixing conspiracies. It outlines the per se violation standard while also offering an alternative approach called the Rule of Reason, allowing the jury to consider competitive impact and justifications provided by the defendants in determining the legality of the conspiracy.