N.C.P.I.—Civil 813.20

The (state number) issue reads:

"Did the defendant(s) enter into a [contract] [conspiracy]2 in

unreasonable restraint of trade or commerce in the State of North

Carolina?"

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, three

things:

First, that the defendant(s) entered into a [contract] [conspiracy].

[Here instruct the jury on the definition of a contract. See

N.C.P.I.-Civil 500.00 et seq.]3

[Here instruct the jury on the definition of conspiracy. See

N.C.P.I.-Civil 813.22.]

Second, that the [contract] [conspiracy] was in restraint of trade or

commerce in North Carolina. A [contract] [conspiracy] is in restraint of

trade or commerce in North Carolina if it has a tendency to suppress

competition in this State.4

Third, that the restraint of trade or commerce was unreasonable.5

In determining whether the restraint was unreasonable, you should take

into consideration:

(1) the nature of the business to which the restraint is applied;

(2) the condition of the business before and after the restraint was

imposed;

(3) the nature of the restraint and its effect, actual or probable, on

the public; and

(4) (state other factors as shown by the evidence.)

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant(s) entered into a [contract] [conspiracy] in unreasonable

restraint of trade or commerce in North Carolina, then it would be your

duty to answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.