3403. Horizontal Restraints (Use for Direct Competitors)--Group Boycott-- Per Se Violation--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] agreed not to deal with [him/her/it] [or to deal with [him/her/it] only on specified terms]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [and [name of alleged co-participant[s]]] agreed to [specify claimed refusal to deal, e.g., "refuse to sell to [name of plaintiff]"]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. ________________________________________________________________________________ New September 2003