Free Jury Verdict - District Court of Delaware - Delaware

Case 1:07-cv-00178-GMS

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SHERMAN ACT § 1
WE, THE JURY,

unanimously find as follows:

1.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant entered into contract(s), combination(s) or conspiracy(ies) with any separate entity or entities? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 2 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 1 Yes- - - (for Plaintiffs) If you answered "Yes,"
No ----''------''-

(for Defendant) please specify all parties to each _ such

agreement

2.

Have Plaintiffs proven by a preponderance of th::l evidence the existence of a (A "yes" answer to this

relevant product market within a relevant geographic market?

question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 3 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 2 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify each relt:vant preduct market and the associated geographic market: _

3.

Have Plainti ffs proven by a preponderance of the evidence that any contract,

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combination or conspiracy that you found in question 1 had a harmful effect on competition in a relevant product and geographic market(s)? (A "yes" answer to this

question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 4 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 3 Yes (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify the associated relevant product and geographic market(s): _

4.

Do you find by a preponderance of the evidence that any contract,

combination or conspiracy for which you answered "Yes" to question 3 had procompetitive benefits? (A "yes" answer to this question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. question 7 below.) Question 4 Yes _
No- - - -

If "yes," proceed to question 5 below.

If "no," proceed to

(for Defendant)

(for Plaintiffs)

5.

Do you find by a preponderance of the evidence that any contract,

combination or conspiracy for which you answered "Yes" to question 4 was reasonably necessary to achieve the procompetitive benefits you found.? (A "yes" answer to this

question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. If "yes," proceed to question 6 below. If "no," proceed to question 8 bdow.)

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Question 5

Yes- - - (for Defendant)

No - - - -

(for Plaintiffs)

6.

Have Plaintiffs proven by a preponderance of the evidence that the harmful

effect on competition of any contract, combination or conspiracy for which you answered "Yes" to question 5 substantially outweighs the procompetitive benefits you found? (A

"yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 7 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 6 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify the associated relevant product and geographic market(s): . _

7.

Do you find by a preponderance of the evidence that the contract(s),

combination(s) or conspiracy(ies) the Defendant entered was or were a material cause of any injury to the Plaintiffs in their business or property? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 8 below. Marshall.) If "no," please sign this jury verdict form and return it to the U.S.

Question 7

Yes- - - (for Plaintiffs)

No- - - -

(for Defendant)

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8.

For any injury you found in response to que:;;tion 7, do you find by a

preponderance of the evidence that any such injury to Plaintiffs was caused by a reduction in competition, acts that would lead to a reduction in competition, or acts that would otherwise harm consumers? (A "yes" answer to this question is a finding for Plaintiffs. A "no"

answer is a finding for the Defendant. If "yes," proceed to question 9 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 8 Yes- - - (for Plaintiffs) No- - - (for Defendant)

9.

For any injury for which you answered "Yes" to Question 8, do you find by a

preponderance of the evidence that Plaintiffs failed to take all reasonable steps available to minimize their losses? (A "yes" answer to this question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. If "no," proceed to question 10 below and do not answer question 11. question 10.) Question 9 Yes- - - (for Defendant) No- - - (for Plaintiffs) If "yes," please proceed to question 11 below and do not answer

10.

For any injury for which you answered "No" to question 9, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury based on the evidence available to you? Write your answer in the
lin,~

labeled "Amount" below.

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11.

For any injury for which you answered "Yes" to question 9, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury if they had taken all reasonable steps to mitigate their damages? "Amount" below. Amount: Write your answer in the line labeled

-----------

WHEN THE JURY HAS REACHED A VERDICT, THE FORE:PERSON MUST SIGN THIS VERDICT FORM AND SIGNAL THE U.S. MARSHALL THAT THE JURY ~ READY TO RENDER A VERDICT.

Date:

t'~~~/

Jury Forepers0rt

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SHERMAN ACT § 2 - MONOPOLIZATION

WE, THE JURY,

unanimously find as follows:

1.

Have Plaintiffs proven by a preponderance of the evidence the existence of

any relevant product market(s) within any relevant geographic market(s)? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 2 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 1 Yes- - - (for Plaintiffs)
No

t
_

(for Defendant)

If you answered "Yes," please specify each relevant product market and the associated geographic market:

2.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant had monopoly power in any market for which you answered "Yes" to Question I? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 3 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 2 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify to which relevant product and geographic

market(s) this answer applies:

.

_

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3.

For each relevant product market you listed in your answer to question 2,

have Plaintiffs proven by a preponderance of the evidence that Defendant willfully acquired or maintained monopoly power through exclusionary conduct without legitimate reasons for engaging in such conduct? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 4 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 3 Yes _
No- - - -

(for Plaintiffs)

(for Defendant)

If you answered "Yes," please specify to which relevant product and geographic market your answer applies: _

4.

Have Plaintiffs proven by a preponderance of the evidence that the conduct

for which you answered "Yes" to question 3 caused injury to the Plaintiffs in their business or property? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 5 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 4 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

5.

For any injury you found in response to

qUi~stion

4, do you find by a

preponderance of the evidence that any such injury to Plaintiffs was caused by a reduction in competition, acts that would lead to a reduction in competition, or acts that would otherwise harm consumers? (A "yes" answer to this question is a finding for Plaintiffs. A "no"

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answer is a finding for the Defendant.

If "yes," proceed to question 6 below.

If "no,"

please sign this jury verdict fonn and return it to the U.S. Man.hall.) Question 5 Yes- - - (for Plaintiffs) No- - - (for Defendant)

6.

For any injury for which you answered "Yes" to Question 5, do you find by a

preponderance of the evidence that Plaintiffs failed to take all reasonable steps available to minimize their losses? (A "yes" answer to this question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. If "no," proceed to question 7 below and do not answer question 8. question 7.) Question 6 Yes- - - (for Defendant) No- - - (for
Plaintiff~)

If "yes," please proceed to question 8 below and do not answer

7.

For any injury for which you answered "No" to question 6, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury based on the evidence available to you? Write your answer in the line labeled "Amount" below.

8.

For any injury for which you answered "Yes" to question 6, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury if they had taken all reasonable steps to mitigate their damages? "Amount" below. Amount: Write your answer in the line labeled

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WHEN THE JURY HAS REACHED A VERDICT, THE FOREPERSON MUST SIGN THIS VERDICT FORM AND SIGNAL THE U.S. MARSHALL UlAT THE JURY IS READY TO RENDER A VERDICT.
Date:

8:~ -; 0

r

Jury Foreperson:

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SHERMAN ACT § 2 - ATTEMPTED MONOPOLIZATION

WE, THE JURY,

unanimously find as follows:

1.

Have Plaintiffs proven by a preponderance of the evidence the existence of a (A "yes" answer to this

relevant product market within a relevant geographic market?

question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 2 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 1 Yes - - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify each relt:vant product market and the

associated geographic market:

_

2.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant engaged in anti competitive conduct with an intent to achieve monopoly power in a relevant product market within a relevant geographic ma:rket for which you answered "Yes" to Question I? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 3 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 2 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify the associa.ted product and geographic market(s): . _

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3.

Have Plaintiffs proven by a preponderance of the evidence that there is a

dangerous probability that the Defendant would achieve its goal of monopoly power in any relevant product market? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 4 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 3 Yes _
No- - - -

(for Plaintiffs)

(for Defendant)

If you answered "Yes," please specify the associated product and geographic

market(s):

_

4.

Have Plaintiffs proven by a preponderance of tht: evidence that the actions of (A "yes"

the Defendant caused injury to the Plaintiffs in their business or property? answer to this question is a finding for Plaintiffs.

A "no" answer is a finding for the

Defendant. If "yes," proceed to question 5 below. If "no," please sign the jury verdict form and return it to the U.S. Marshall.) Question 4 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

5.

For any injury you found in response to qut:stion 4, do you find by a

preponderance of the evidence that any such injury to Plaintiffs was caused by a reduction in competition, acts that would lead to a reduction in competition, or acts that would otherwise harm consumers? (A "yes" answer to this question is a finding for Plaintiffs. A "no"

answer is a finding for the Defendant. If "yes," proceed to question 6 below. If "no,"

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please sign this jury verdict form and return it to the U.S. Marshall.) Question 5 Yes- - - (for Plaintiffs) No- - - (for Defendant)

6.

For any injury for which you answered "Yes" to question 5, do you find by a

preponderance of the evidence that Plaintiffs failed to take all reasonable steps available to minimize their losses? (A "yes" answer to this question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. If "no," proceed to question 7 below and do not answer question 8. question 7.) Question 6 Yes - - - (for Defendant) No- - - (for
Plaintiff~,)

If "yes," please proceed to question 8 below and do not answer

7.

For any injury for which you answered "No" to question 6, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury based on the evidence available to you? Write your answer in the line labeled "Amount" below.

8.

For any injury for which you answered "Yes" to question 6, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury if they had taken all reasonable steps to mitigate their damages? "Amount" below. Write your answer in the line labeled

Amount:

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WHEN THE JURY HAS REACHED A VERDICT, THE FOREPERSON MUST SIGN THIS VERDICT FORM AND SIGNAL THE U.S. MARSHALL THAT THE JURY~ READY TO RENDER A VERDICT.
Date: - " " " - - - = - - - - - - - Jury Foreperson: ,
t

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SHERMAN ACT § 2 - CONSPIRACY TO MONOPOLIZE

WE, THE JURY,

unanimously find as follows:

1.

Have Plaintiffs proven by a preponderance of the evidence the existence of a (A "yes" answer to this

relevant product market within a relevant geographic market?

question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 2 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 1 Yes- - - (for Plaintiffs)

>(.
No ------''----''L-

"

(for Defendant)

If you answered "Yes," please specify each relevant product market and the associated geographic market _

2.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant entered into an agreement or mutual understanding to obtain or maintain monopoly power in a relevant market within a relevant geographic market? answer to this question is a finding for Plaintiffs. (A "yes"

A "no" answer is a finding for the

Defendant. If "yes," proceed to question 3 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 2 Yes- - - (for Plaintiffs) No- - - (for Defendant)

If you answered "Yes," please specify the associated product and geographic market(s): _

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3.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant knowingly became parties to that agreement or mutual understanding? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the

Defendant. If "yes," proceed to question 4 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 3 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

4.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant intended that the parties to the agreement or mutual understanding would obtain or maintain monopoly power in any relevant product market within a relevant geographic market you specified in your answer to question 2? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 5 below. Marshall.) Question 4 Yes- - - (for Plaintiffs)
No

If "no," please sign this jury verdict form and return it to the U.S.

(for Defendant)

If you answered "Yes," please specify the associated product and geographic market(s): _

5.

Have Plaintiffs proven by a preponderance of the evidence that the

Defendant took an overt act in furtherance of that agreement or mutual understanding? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the

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Defendant. If "yes," proceed to question 6 below. If "no," please sign this jury verdict form and return it to the U.S. Marshall.) Question 5 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

If you answered "Yes," please specify the associated relevant product market(s): _

6.

Do you find by a preponderance of the evidence that the anti competitive

actions of the Defendant caused injury to the Plaintiffs in their business or property? (A "yes" answer to this question is a finding for Plaintiffs. A "no" answer is a finding for the Defendant. If "yes," proceed to question 7 below. If "no," please sign the jury verdict form and return it to the U.S. Marshall.) Question 6 Yes- - - (for Plaintiffs)
No- - - -

(for Defendant)

7.

For any injury you found in response to qm:stion 6, do you find by a

preponderance of the evidence that any such injury to Plaintiffs was caused by a reduction in competition, acts that would lead to a reduction in competition, or acts that would otherwise harm consumers? (A "yes" answer to this question is a finding for Plaintiffs. A "no"

answer is a finding for the Defendant. If "yes," proceed to question 8 below. If "no," please sign this jury verdict form and return it to the U.S. Man:hall.) Question 7 Yes _
No- - - -

(for Plaintiffs)

(for Defendant)

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8.

For any injury for which you answered "Yes" to Question 7, do you find by a

preponderance of the evidence that Plaintiffs failed to take all reasonable steps available to minimize their losses? (A "yes" answer to this question is a finding for the Defendant. A "no" answer is a finding for Plaintiffs. If "no," proceed to question 9 below and do not answer question 10. question 9.) Question 8 Yes- - - (for Defendant) No- - - (for Plaintiffs) If "yes," please proceed to question 10 below and do not answer

9.

For any injury for which you answered "No" to question 8, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury based on the evidence available to you? Write your answer in the line labeled "Amount" below.

10.

For any injury for which you answered "Yes" to question 8, what is the total

amount of damages that would fairly compensate Plaintiffs for this injury if they had taken all reasonable steps to mitigate their damages? "Amount" below. Amount: - - - - - - - - - - - Write your answer in the line labeled

WHEN THE JURY HAS REACHED A VERDICT, THE FOREPERSON MUST SIGN THIS VERDICT FORM AND SIGNAL THE U.S. MARSHALL THAT THE JURY IS READY TO RENDER A VERDICT.

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Jury ForeperSOll;

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