3422. Tying Separate Products Explained

3422. Tying --"Separate Products" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In deciding whether [tying product or service] and [tied product or service] are separate and distinct, you should consider, among other factors, the following: (a) Whether competitors offer to sell [tied product or service] separately from [tying product or service] or only as a unit; (b) Whether the combined product is composed of varying assortments of component parts; (c) Whether buyers are or can be charged separately for the [products/services]; and (d) Whether [name of defendant] ever sells or offers to sell [tied product or service] separate from [tying product or service]. Not all of these factors need be present in order for you to conclude that [tying product or service] and [tied product or service] are separate and distinct [products or services, etc.]. ________________________________________________________________________________ New September 2003