This new edition of the Model Jury Instructions in Civil Antitrust
Cases reflects a comprehensive update of the 2005 edition of the
Handbook. Over the past ten years, antitrust jurisprudence has continued
to evolve. Moreover, a number of civil antitrust jury trials have occurred
over the past decade, and the instructions used by the courts in those cases
have provided useful and practical guidance in updating the Model Jury
The review and revision process entailed considerable time and effort
on the part of a number of experienced and highly regarded antitrust
practitioners recruited from the Antitrust Section, law firms, and
government. To ensure that each section of the revised instructions would
be balanced and neutral, volunteers were divided into review teams evenly
comprised of both plaintiffs’ and defense lawyers. Each team also was co-
chaired by a plaintiff and defense practitioner, and each had the
responsibility of reviewing and revising an assigned section of the Model
Jury Instructions.
The goals of the review were: (1) to update the instructions in light of
changes in the law since 2005; (2) to examine the text with an eye toward
simplifying arcane and confusing language so jurors could more easily
understand the instructions and concepts; and (3) to remove from the text
of the instructions suggested or explicit arguments, and instead to indicate
by brackets where the parties could insert their case-specific contentions,
if appropriate.
The review and drafting process took nearly two years. The teams
engaged in careful and thorough debate and discussion as they updated
and refined the instructions. An important objective of the review process
was to ensure that the revised instructions would not only be even-handed,
but also user-friendly for practitioners, who will be able to customize the
instructions for their own trials. Equally important, the Model Jury
Instructions are intended to serve as a valuable and practical resource that
judges can use in presiding over civil antitrust jury trials.
The revised Model Jury Instructions include model instructions for all
theories of recovery, defenses, and other matters that have particular

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