CA · jury_instructions
CACI No. 3413
Rule of Reason—“Product Market” Explained
[Name of plaintiff] claims that the product market is [insert claimed
product market, e.g., “paper clips”]. [Name of defendant] claims that the
product market is [insert claimed product market, e.g., “all paper
fasteners”].
To define the product market, you must determine which
[products/services] are in the market in which [name of defendant] is
claimed to have carried out its restraint of trade.
A product market consists of all [products/services] that can reasonably
be used for the same purpose. [Products/services] are not in the same
product market if users are not likely to substitute one for the other.
In deciding whether products are reasonable substitutes, you may
consider whether a small increase in the price of one product would
cause a considerable number of customers of that product to switch to a
second product. If so, these two products are likely to be in the same
market. If a significant increase in the price of one product does not
cause a significant number of consumers to switch to a second product,
these products are not likely to be in the same market.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2022
- Content hash
6e10ccd8e23dcb5ab5af7c90a1215d80ed2bed04f2a316789f2ca2031760d0ea
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.