VF 3407. Horizontal And Vertical Restraints (Direct Competitors Supplier-Reseller) Noerr-Pennington

VF-3407. Horizontal and Vertical Restraints (Use for Direct Competitors or Supplier/Reseller Relations)--Other Unreasonable Restraint of Trade-- Rule of Reason Affirmative Defense--"Noerr-Pennington" Doctrine Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of defendant] [and [name of alleged coparticipant]] agree to [describe conduct constituting an unreasonable restraint of trade]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Were [name of defendant]'s actions before [name of governmental body] undertaken without regard to the merits? ____ Yes ____ No If your answer to question 2 is yes, then skip question 3 and answer question 4. If you answered no, answer question 3. 3. Was the reason [name of defendant] engaged in [specify the petitioning activity, e.g., "filing an objection to an environmental impact report"] to use the [specify the claimed process, e.g., "environmental agency approval"] process to harm [name of plaintiff] by [specify the manner of harm, e.g., "delaying [name of plaintiff]'s entry into the market"], rather than to obtain a successful outcome from that process? ____ Yes ____ No VF-3407. Horizontal and Vertical Restraints (Use for Direct Competitors or Supplier/Reseller Relations)--Other Unreasonable Restraint of Trade-- Rule of Reason Affirmative Defense--"Noerr-Pennington" Doctrine Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Was the purpose or effect of [name of defendant]'s conduct to restrain competition? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did the anticompetitive effect of the restraint[s] outweigh any beneficial effect on competition? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you VF-3407. Horizontal and Vertical Restraints (Use for Direct Competitors or Supplier/Reseller Relations)--Other Unreasonable Restraint of Trade-- Rule of Reason Affirmative Defense--"Noerr-Pennington" Doctrine 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 answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. What are [name of plaintiff]'s damages? Presiding Juror $ Signed: ___________________________ Dated: ___________________ After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. _____________________________________________________________________________ New September 2003; Revised December 2010, December 2016