Section 11-402 – Exceptions
This subtitle does not apply to an advertisement, offer to sell, retail sale, or wholesale sale, if the merchandise: (1) Is sold in a bona fide clearance sale and is so advertised and marked; (2) Must be sold promptly in order to prevent loss; (3) Is imperfect, damaged, or being discontinued and is so advertised and marked; (4) Is […]
Section 11-403 – Advertised, Offered for Sale, or Sold
For the purposes of this subtitle, if an item of merchandise is advertised, offered for sale, or sold with any other item at a combined price, or is advertised, offered as a gift, or given with the sale of any other item, all of the items are considered to be advertised, offered for sale, or […]
Section 11-404 – Sale at Less Than Cost Prohibited
(a) A retailer or wholesaler with intent to injure a competitor or to destroy competition may not advertise, offer to sell, or sell at retail sale or wholesale sale any item of merchandise at less than its cost to the retailer or its cost to the wholesaler, respectively. (b) Proof of an advertisement, offer to sell, or […]
Section 11-405 – Injunction
On complaint of a person who claims to be injured, a circuit court has jurisdiction to enjoin a retailer or wholesaler from the commission of an act prohibited by this subtitle.
Section 11-210 – Judgment as Evidence
(a) Except as provided in subsection (b) of this section, a final judgment or decree rendered in a criminal proceeding or civil action brought by the Attorney General under this subtitle to the effect that a defendant has violated this subtitle is prima facie evidence against the defendant in an action for damages brought by another […]
Section 11-406 – Short Title
This subtitle may be cited as the Maryland Sales Below Cost Act.
Section 11-211 – Cumulative Remedies
The remedies provided in this subtitle are cumulative.
Section 11-501 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Basic cost of cigarettes” means the lesser of the invoice cost or the replacement cost of cigarettes to the retailer or wholesaler; plus any in–freight charge to the wholesaler otherwise not included in the invoice cost or the replacement cost; plus, for the wholesaler, the […]
Section 11-212 – Penalties
Any person who willfully violates any of the provisions of § 11-204(a)(1) or (2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500,000 or imprisonment not exceeding six months or both.
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 […]