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Session Laws, 1972
Volume 708, Page 1184   View pdf image
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1184                             Laws of Maryland                      [Ch. 357

CHAPTER 357
(House Bill 1)

AN ACT to add new Sections 36 through 49 to Article 83 of the
Annotated Code of Maryland (1969 Replacement Volume, 1971
Supplement), title "Sales and Notices," to follow immediately after
Section 35 and to be under the new subtitle "Antitrust," to pro-
hibit certain contracts, combinations, monopolies and conspiracies
in restraint of trade or commerce; to exempt certain activities from
the provisions of the Act; to provide criminal penalties and civil
remedies for violations of the Act; to provide for enforcement of
this Act; and to provide that in construing this Act, the courts be
guided by the interpretation given by the federal courts to the
various federal statutes dealing with the same or similar matters.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 36 through 49 be and they are hereby added to
Article 83 of the Annotated Code of Maryland (1969 Replacement
Volume, 1971 Supplement), title "Sales and Notices," to follow im-
mediately after Section 35 thereof and to be under the new subtitle
"Antitrust," and to read as follows:

Antitrust
36. Purpose
InterpretationLiberal constructionSaving.

The General Assembly of Maryland hereby declares that the pur-
pose of this Act is to complement the body of federal law governing
restraints of trade, unfair competition and unfair, deceptive, and
fraudulent acts or practices in order to protect the public and foster
fair and honest intrastate competition. It is the intent of the General
Assembly that, in construing this Act, the courts be guided by the
interpretation given by the federal courts to the various federal
statutes dealing with the same or similar matters (including, but not
limited to, Act of July 2, 1890, Ch. 647, 26 U.S. Stat. 209,15 U.S.C.A.,
Secs. 1-7; Act of Oct. 15, 1914, Ch. 323, 38 U.S. Stat. 730, 15
U.S.C.A., Secs. 12-27,44; Act of August 17, 1937, Ch. 690, Title
VIII, 50 U.S. Stat 693, 15 U.S.C.A., Sec. 1; Act of July 7, 1955, Ch. 281,
69 U.S. Stat. 282, 15 U.S.C.A., Secs. 1-3; Act of May 26, 1938, Ch. 283,
52 U.S. Stat. 446, 15 U.S.C.A. Sec. 13-C: and any similar Acts passed
in the future.) and that in deciding whether conduct restraints
RESTRAINS or monopolizes trade or commerce or may substantially
lessen competition within the State of Maryland, determination of
the relevant market or effective area of competition shall not be
limited by the boundaries of the State of Maryland. To this end this
Act shall be liberally construed that its beneficial purposes may be
served.

It is, however, the intent of the General Assembly that this sub-
title shall not be construed to prohibit acts or practices which are
reasonable in relation to the development and preservation of business
or which are not injurious to the public interest, nor shall this act
be construed to repeal by implication the Fair Trade Act contained
in Article 83, Section 102 through Section 110 of the Maryland An-
notated Code (1969 Replacement Volume).


 

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Session Laws, 1972
Volume 708, Page 1184   View pdf image
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