Section 11-502 – Exceptions
(a) This subtitle does not apply to a retail sale of cigarettes or a wholesale sale of cigarettes, if they are sold: (1) At a bona fide clearance sale, are so advertised and marked, and the quantity is accurately, clearly, and conspicuously stated in all advertising of the sale and on signs conspicuously posted where the sale […]
Section 11-213 – Short Title
This subtitle may be cited as the Maryland Antitrust Act.
Section 11-301 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Controlled outlet” means an outlet which is operated by a distributor or operated by company employees, a subsidiary company, commissioned agent, or by any person who manages the outlet on a fee arrangement with the distributor. (c) The distributor may not: (1) Require the dealer to refuse […]
Section 11-302 – Legislative Declaration; Statement of Public Policy
(a) The General Assembly finds and declares that since the distribution and sale through marketing arrangements of petroleum products in the State vitally affect the economy of the State, and its public interest, welfare, and transportation, it is necessary to define the relationships and responsibilities of the parties to certain agreements pertaining to these marketing arrangements. […]
Section 11-303 – Information to Be Given by Distributor to Prospective Dealer
Before any marketing agreement is concluded, a distributor shall disclose fully to a prospective dealer the following information: (1) Any gallonage history of the location under negotiation for the shorter of: (i) The three-year period immediately past; or (ii) The entire period during which the location has been supplied by the distributor; (2) The name, last known address, and […]
Section 11-304 – Marketing Agreement Subject to Certain Provisions
(a) Every marketing agreement is subject to the provisions of this section, whether or not expressly set forth in the agreement. (b) (1) Until midnight of the seventh business day after the day a marketing agreement is signed or entered into, the dealer may cancel it by giving written notice of cancellation to the distributor in person or […]
Section 11-305 – Defenses to Action Based on Termination or Cancellation of Marketing Agreement
Subject to the notice requirements of § 11-306 of this subtitle, in any action filed under this subtitle which is based on a termination or cancellation of a marketing agreement, it is a defense that the marketing agreement was terminated or canceled: (1) By mutual agreement of the parties, provided however, that the mutual agreement is […]
Section 11-306 – Notice of Intent Required to Raise Defenses
(a) A party to a marketing agreement may not raise any defense set out in § 11-305 of this subtitle unless he gives written notice to the other party of his intent to terminate or cancel the agreement. This notice shall be given in person or by registered or certified mail at least 60 days before […]
Section 11-204 – Prohibited Conduct; Unlawful Contracts, Combinations, and Conspiracies
(a) A person may not: (1) By contract, combination, or conspiracy with one or more other persons, unreasonably restrain trade or commerce; (2) Monopolize, attempt to monopolize, or combine or conspire with one or more other persons to monopolize any part of the trade or commerce within the State, for the purpose of excluding competition or of controlling, […]
Section 11-205 – Production of Documents for Inspection by Attorney General
(a) Except as provided in subsection (i) of this section, if the Attorney General believes that a person may be in possession, custody, or control of any documentary material, wherever situated, or may have any information which the Attorney General believes is relevant to the subject matter of an investigation of a possible violation of this […]