CACI No. 3301

[Name of plaintiff] claims that [name of defendant] engaged in unlawful

sales below cost. To establish this claim, [name of plaintiff] must prove all

of the following:

1. [That [name of defendant] [offered to sell/sold] [product/service] at

a price that was below cost;]

1. [or]

1. [That [name of defendant] gave away [product/service];]

2. That [name of defendant]’s purpose was to injure competitors or

destroy competition;

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

If [name of plaintiff] proves that [name of defendant] [[offered to sell/sold]

[product/service] at a price that was below cost/ [or] gave away [product/

service]] and that [name of defendant]’s acts harmed [name of plaintiff],

you may assume that [name of defendant]’s purpose was to injure

competitors or destroy competition. To overcome this presumption, [name

of defendant] must present evidence of a different purpose. [Name of

defendant] has presented evidence that [his/her/ nonbinary pronoun/its]

purpose was [specify other purpose]. Considering all of the evidence

presented, you must decide whether [name of plaintiff] proved that [name

of defendant]’s purpose was to injure competitors or destroy competition.

New September 2003; Revised June 2011