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Session Laws, 1937
Volume 412, Page 440   View pdf image (33K)
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440 LAWS OF MARYLAND. [CH. 239

106. No contract relating to the sale or resale of a com-
modity 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 commodity is in free and open
competition with commodities of the same general class pro-
duced or distributed by others shall be deemed in violation of
any law of the State of Maryland by reason of any of the
following provisions 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.

(G) 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

12) 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.

107. For the purpose of preventing evasion of the resale
price restrictions imposed in respect of any commodity by any
contract entered into pursuant to the provisions of this Act
(except to the extent authorized by the said contract):

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

(b) The offering or the making of any concession of any kind
whatsoever (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 com-
bination with any other commodity, shall be deemed a viola-
tion of such resale price restriction, for which the remedies
prescribed by Section 110 of this Act shall be available.

108. No minimum resale price shall be established for any
commodity, under any contract entered into pursuant to the
provisions of this Act, 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.

109. No contract containing any of the provisions enu-
merated in Section 106 of this Act shall be deemed to preclude

 

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Session Laws, 1937
Volume 412, Page 440   View pdf image (33K)
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