CACI VF-3402 Horizontal Restraints (Use for Direct Competitors)—Allocation of Trade or Commerce—Affirmative Defense—In Pari Delicto

California Civil Jury Instructions CACI

VF-3402 Horizontal Restraints (Use for Direct Competitors)—Allocation of Trade or Commerce—Affirmative Defense—In Pari Delicto


We answer the questions submitted to us as follows:

1.Were or are [name of defendant] and [name of alleged coparticipant] competitors in the same or related markets?

 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.Did [name of defendant] and [name of alleged coparticipant] agree to allocate or divide [customers/territories/products]?

 Yes   No

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.Did [name of plaintiff] and [name of defendant] have substantially equal economic strength?

 Yes   No

If your answer to question 3 is yes, then answer question 4. If you answered no, skip questions 4 and 5 and answer question 6.

4.Was [name of plaintiff] at least equally responsible for the harmful conduct as [name of defendant]?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, skip question 5 and answer question 6.

5.Was [name of plaintiff] compelled by economic pressure to enter into the agreement?

 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 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? $

Signed:Presiding Juror
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.


Directions for Use

This verdict form is based on CACI No. 3401, Horizontal Restraints (Use for Direct Competitors)—Allocation of Trade or Commerce—Essential Factual Elements, and CACI No. 3431, Affirmative Defense—In Pari Delicto.

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.