CACI No. 3408

Coercion is conduct that interferes with the freedom of a reseller to sell

in accordance with the reseller’s own judgment. [It may include a threat

by [name of defendant] to stop doing business with [[name of plaintiff]/a

reseller] or to hold back any product or service important to [his/her/

nonbinary pronoun/its] competition in the market.] A unilateral decision

to deal or refuse to deal with a particular reseller does not constitute

coercion.

Coercion may be proven directly or indirectly. In deciding whether there

was coercion, you may consider, among other factors, the following:

(a) Whether [name of defendant] penalized or threatened to penalize

[name of plaintiff] for not following [his/her/ nonbinary pronoun /its]

suggestions;

(b) Whether [name of defendant] made or threatened to make an

important benefit depend on [name of plaintiff] following [his/her/

nonbinary pronoun /its] suggestions;

(c) Whether [name of defendant] required [name of plaintiff] to get

approval before doing something other than what

[he/she/nonbinary pronoun /it] suggested; and

(d) The relative bargaining power of [name of defendant] and [name of

plaintiff].

New September 2003; Revised May 2020