New Jersey 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.

New Jersey Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction is a legal guideline that provides instructions to a jury when determining whether a defendant is guilty of a per se violation conspiracy to fix prices under New Jersey law. This instruction is relevant in cases involving alleged illegal price-fixing activities where competitors conspire to artificially manipulate prices in violation of antitrust laws. It outlines the essential elements that need to be proven for a defendant to be found guilty of this offense. The instruction includes the following key components: 1. Conspiracy: The instruction defines the concept of conspiracy and emphasizes that the prosecution must establish a mutual agreement between two or more individuals or entities to engage in price-fixing. 2. Per Se Violation: The instruction explains that price-fixing is a per se violation, meaning that it is inherently illegal, regardless of any potential justifications or reasons behind the agreement. This instruction aims to simplify the legal analysis by removing the need to prove actual anti-competitive effects or market power. 3. Fixing Prices: The instruction describes what constitutes price-fixing, outlining that it involves an agreement to manipulate or control prices by coordinating with competitors, eliminating competition, and artificially inflating or controlling market prices. 4. Alternative Rule of Reason Instruction: This part of the instruction introduces an alternative legal standard known as the Rule of Reason. It explains that if the jury finds that the per se violation elements have not been met, they should consider whether the agreement passes the Rule of Reason analysis. The Rule of Reason standard involves a more detailed examination of the agreement's impact on competition and market efficiency. It is important to note that while the instruction covers the per se violation conspiracy to fix prices, there may be other related New Jersey jury instructions that address different types of price-fixing offenses. These instructions could include variations for specific circumstances or alternative legal theories that could apply in different cases, such as concerted refusals to deal or bid-rigging schemes. The specific names and details of these instructions might vary depending on the context and specific legal issues involved in the case.