CACI VF-3409 Tying—Products or Services (Bus. & Prof. Code, § 16727)

VF-3409 Tying—Products or Services (Bus. & Prof. Code, § 16727)

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We answer the questions submitted to us as follows:

1.Are [tying item] and [tied product or service] separate and distinct?

 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] sell [tying product] only if the buyer also purchased [tied product or service], or did [name of defendant] sell [tying product] and require or otherwise coerce buyers [to also purchase [tied product or service]] [to agree not to purchase [tied product or service] from any other supplier]?

 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.Does [name of defendant] have sufficient economic power in the market for [tying product] to coerce at least some consumers into purchasing [tied product or service]?

 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.

4.Was [name of defendant]’s conduct a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.What are [name of plaintiff]’s damages? $

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.

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