418 LAWS OF MARYLAND. [CH. 248

ing to give or advertising the intent of giving away of any
merchandise, either by retailers or wholesalers, or the adver-
tising by retailers or wholesalers of brands or types of mer-
chandise they are not prepared to supply, with the intent,
effect, or result of unfairly diverting trade from or otherwise
injuring a competitor, or with the result of deceiving any pur-
chaser or prospective purchaser, substantially lessening com-
petition, unreasonably restraining trade, or tending to create
a monoply in any line of commerce, is an unfair method of
competition, contrary to public policy, and in contravention
of the policy of this Act.

117. Any retailer who shall, in contravention of the policy
of this Act, advertise, offer to sell or sell at retail any item of
merchandise at less than cost to the retailer as defined in this
Act; or any wholesaler who shall, in contravention of the
policy of this Act, advertise, offer to sell, or sell at retail any
item of merchandise at less than cost to the wholesaler as
defined in this Act, or any retailer or wholesaler who shall, in
contravention of the policy of this Act, give, offer to give or
advertise the intent to give away any merchandise for the
purpose of injuring competitors and destroying competition,
or to advertise brands or types of merchandise they are not
prepared to supply, shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more than
$500. 00. Proof of any such advertisement, offer to sell or sale
by any retailer or wholesaler in contravention of the policy
of this Act shall be prima facie evidence of a violation of this
Act. Provided, however, that nothing herein shall preclude
any retailer or wholesaler from offering merchandise "Free",
in combination with merchandise sold, but in such case the
cost of the "Free" merchandise shall be considered as a part
of the cost of the merchandise sold.

118. In addition to the penalties provided in this Act, the
courts of this State are hereby invested with jurisdiction to
prevent and restrain violations of this Act, and it shall be the
duty of the several state's attorneys, in their respective dis-
tricts, to institute proceedings in equity to prevent and re-
strain violations. Any person injured by any violation, or
who may be threatened with loss or injury by reason of a
violation of this Act, shall be entitled to sue for and have
injunctive relief in any court of competent jurisdiction, to
prevent, restrain and enjoin such violation or threatened viola-
tion. If in such action a violation or threatened violation of
this Act shall be established, the court shall enjoin and re-
strain or otherwise prohibit such violation or threatened
violation.