Ch. 632

1993 LAWS OF MARYLAND

(2)     If the person transacts business in more than one county the petition
shall be filed in the county where the [person maintains his] PERSON'S principal place of
business IS LOCATED, or in any other county agreed to by the parties to the petition.

(3)     The court in which the petition is filed has jurisdiction to hear and
determine the matter presented and enter any order required under this section.

(i) This section is not applicable to a criminal prosecution.

11-209.

(a)     (1) The Attorney General shall institute proceedings in equity to prevent or
restrain violations of § 11-204 and may require assistance from any State's Attorney for
that purpose.

(2)     In a proceeding under this section, the court shall determine whether a
violation has been committed and enter any judgment or decree necessary to:

(i) Remove the effects of any violation it finds; and

(ii) Prevent continuation or renewal of the violation in the future.

(3)     The court may exercise all equitable powers necessary for this purpose,
including BUT NOT LIMITED TO injunction, RESTITUTION TO ANY PERSON OF ANY
MONEY OR REAL OR PERSONAL PROPERTY ACQUIRED FROM THAT PERSON BY
MEANS OF ANY VIOLATION, divestiture of property or business units, and suspension or
termination of the right of a foreign corporation or association to do business in the State.

(4)      IN ADDITION TO THE EQUITABLE REMEDIES OR OTHER RELIEF
AUTHORIZED BY THIS SECTION, THE COURT MAY ASSESS AGAINST ANY PERSON
WHO VIOLATES § 11-204 OF THIS SUBTITLE A CIVIL PENALTY NOT EXCEEDING
$100,000 FOR EACH VIOLATION, TO BE PAID TO THE GENERAL FUND OF THE STATE.

(b)     (1) The United States, the State, and any political subdivision organized
under the authority of the State is a person having standing to bring an action under this
subsection.

(2)     (i) A person whose business or property has been injured or
threatened with injury by a violation of § 11-204 may maintain an action for damages or
for an injunction or both against any person who has committed the violation.

(ii) The United States, the State, or any political subdivision organized
under the authority of this State may maintain an action under subparagraph (i) of this
paragraph for damages or for an injunction or both regardless of whether it dealt directly
or indirectly with the person who has committed the violation. In any action under this
subsection, any defendant, as a partial or complete defense against a damage claim, may,
in order to avoid duplicative liability, prove that all or any part of an alleged overcharge
was ultimately passed on to the United States, the State, or any political subdivision
organized under the authority of this State, by a purchaser or seller in the chain of
manufacture, production, or distribution who paid an alleged overcharge.

(3)     If an injunction is issued, the complainant shall be awarded costs and
reasonable attorney's fees.

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