In Sherman Act Section 1 and Section 2 civil cases, judges tend to gravitate towards the ABA Model Instructions as the gold standard for impartial instructions, The AAI believes the ABA model instructions are, in some situations, confusing, out of date, or do not adequately effectuate the goals of the antitrust laws. To provide an alternative, the AAI will develop a set of jury instructions that can be widely disseminated to lawyers and judges.
The first edition anticipates covering such topics as:
- Market Power
- Illinois Brick
- Efficiency defense
- Sec. 1 Rule of Reason
The overall Reporter is Professor Joshua P. Davis of the University of San Francisco Law School, an expert in civil procedure issues relating to antitrust. A committee of AAI Advisory Board members is working with Professor Davis. When completed, the jury instructions will be readily available both in paper and electronic form. They will include narrative discussion to support the recommendations being offered.
Read Professor Davis’ Interim Report on the Jury Instruction Project presented in December 2012.