CACI No. 3420

Factual Elements (Bus. & Prof. Code, § 16720)

[Name of plaintiff] claims that there is an unlawful tying arrangement in

which [specify the particular real estate, product, or services] is the tying

product and [specify the particular real estate, product, or services] is the

tied product. A “tying arrangement” is the sale of one product, called the

“tying product,” in which the buyer is required or coerced to also

purchase a different, separate product, called the “tied product.” For

example, if a supermarket sells flour only if its customers also buy sugar,

that supermarket would be engaged in tying. Flour would be the tying

product and sugar the tied product.

To establish this claim against [name of defendant], [name of plaintiff]

must prove all of the following:

1. That [tying item] and [tied item] are separate and distinct;

2. That [name of defendant] will sell [tying item] only if the buyer also

purchases [tied item], or that [name of defendant] sold [tying item]

and required or otherwise coerced buyers to [also purchase [tied

item]] [agree not to purchase [tied item] from any other supplier];

3. That [name of defendant] has sufficient economic power in the

market for [tying item] to coerce at least some buyers of [tying

item] into [purchasing [tied item]] [agreeing not to purchase [tied

item] from a competitor of [name of defendant]];

4. That the conduct involves a substantial amount of sales, in terms

of the total dollar value of [tied item];

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

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

causing [name of plaintiff]’s harm.

New September 2003; Revised October 2008