Indiana Jury Instruction — 3.3.2 Section 1, Per Se Violation Tying Agreement — Defense Of Justification provides guidance to jurors on a specific legal concept related to tying agreements under Indiana law. A tying agreement occurs when a party with substantial market power forces consumers to purchase an additional product along with the desired product, essentially tying the two together. The instruction focuses on the defense of justification, which may be presented by the defendant in a case involving a per se violation of a tying agreement. The defense of justification revolves around the defendant's ability to show that their actions were justified, even if the tying agreement has been proven. The purpose of the instruction is to clarify the legal principles surrounding tying agreements and the available defense options. It helps jurors understand the elements that need to be proven in order to establish a per se violation of a tying agreement, as well as the circumstances where a defendant may present a defense of justification. The instruction may outline different types of justifications a defendant can use to establish their defense. Some potential types of justifications that could be discussed within this section of the instruction include: 1. Efficiency justifications: Defendants may argue that the tying arrangement was necessary for efficient production or distribution, resulting in cost savings or other beneficial outcomes. 2. Product integration justifications: Defendants may argue that the tied product is functionally or technically related to the desired product, and bundling them together enhances the overall value or effectiveness for consumers. 3. Legitimate business justifications: Defendants may present evidence that the tying agreement was implemented to protect intellectual property, maintain quality control, prevent free-riding by competitors, or maintain fair competition. It's important to note that the specific types of justifications discussed in this instruction may vary depending on the circumstances of the case and the legal arguments presented by the parties. The instruction aims to provide a comprehensive overview of the defense of justification in the context of a per se violation of a tying agreement, allowing jurors to evaluate the evidence and make an informed decision.
Indiana Jury Instruction - 3.3.2 Section 1, Per Se Violation Tying Agreement - Defense Of Justification
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