SALES AND NOTICES 3175

1935, ch. 212, sec. 106. 1937, ch. 239, sec. 106.

103. No contract relating to the sale or resale of a commodity which
bears, or the label or container of which bears, the trade-mark, brand, or
name of the producer or distributor of such commodity and which com-
modity is in free and open competition with commodities of the same gen-
eral class produced or distributed by others shall be deemed in violation of
any law of the State of Maryland by reason of any of the following provi-
sions which may be contained in such contract:

(A) That the buyer will not resell such commodity at less than the
minimum price stipulated by the seller,

(B) That the buyer will require of any dealer to whom he may resell
such commodity an agreement that he will not, in turn, resell at less than
the minimum price stipulated by the seller.

(C) That the seller will not sell such commodity:

(1) to any wholesaler, unless such wholesaler will agree not to resell
the same to any retailer unless the retailer will in turn agree not to resell
the same except to consumers for use and at not less than the stipulated
minimum price, and such wholesaler will likewise agree not to resell the
same to any other wholesaler unless such other wholesaler will make the
same agreement with any wholesaler or retailer to whom he may resell; or

(2) to any retailer, unless the retailer will agree not to resell the same
except to consumers for use and at not less than the stipulated minimum
price.

1937, ch. 239, sec. 107.

104. For the purpose of preventing evasion of the resale price restric-
tions imposed in respect of any commodity by any contract entered into
pursuant to the provisions of Sections 102-110, (except to the extent au-
thorized by the said contract) :

(a) The offering or giving of any article of value in connection with
the sale of such commodity;

(b) The offering or the making of any concession of any kind what-
soever (whether by the giving of coupons or otherwise) in connection with
any such sale; or

(c) The sale or offering for sale of such commodity in combination with
any other commodity, shall be deemed a violation of such resale price re-
striction, for which the remedies prescribed by Section 107 of this sub-
title shall be available.

1937, ch. 239, sec. 108.

105. No) minimum resale price shall be established for any commodity,
under any contract entered into pursuant to the provisions of Sections
102-110, by any person other than the owner of the trade-mark, brand or
name used in connection with such commodity or a distributor specifically
authorized to establish said price by the owner of such trade-mark, brand
or name.

1937, ch. 239, sec. 109.

106. No contract containing any of the provisions enumerated in
Section 103 of this sub-title shall be deemed to preclude the resale of any
commodity covered thereby without reference to such contract in the fol-
lowing cases: