Preface

• Pages: 11-14

PREFACE

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

Instructions.

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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