Marvin Mandel, Governor                       1185

37. Definitions.

(a)    As used in this sub-title, unless the context otherwise requires
"person" means any natural person or persons, or any corporation,
partnership, company, trust or association of persons.

(b)    "Trade or commerce" includes all economic activity within
this State involving or relating to any commodity or service.

(c) "Commodity" means any kind of real or personal property.

(C) "COMMODITY" MEANS GOODS, WARES, MERCHAN-
DISE, MACHINERY, SUPPLIES OR ANY OTHER ARTICLES
IN TRADE OR COMMERCE.

(d) "Service" means any activity which is performed in whole or
in part for the purpose of financial gain, including but not limited
to sale, rental, leasing, or licensing for use.

38. Prohibited Conduct; Unlawful Contracts, Combinations, and
Conspiracies.

(a) Every person shall be deemed to have committed a violation
of this sub-title who:

(1)    By contract, combination, or conspiracy with one or more
other persons unreasonably restrains trade or commerce; or

(2)    Monopolizes or attempts to monopolize, or combines or con-
spires with any other person or persons, to monopolize any part of
the trade or commerce within the State, for the purpose of excluding
competition or of controlling, fixing, or maintaining prices in trade
or commerce; or

(3)     (i) Directly or indirectly discriminates in price among dif-
ferent purchasers of commodities or services of like grade and quality,
where the effects of the discrimination may be substantially to lessen
competition or tend to create a monopoly in any line of trade or
commerce, or to injure, destroy, or prevent competition with any
person who either grants or knowingly receives the benefit of such
discrimination, or with customers of either of them; or

(ii) Pays or contracts for the payment of anything of value
to or for the benefit of a customer of the person in the course of
commerce as compensation or in consideration for any services or
facilities furnished by or through the customer in connection with the
processing, handling, sale, or offering for sale of any services or com-
modities manufactured, sold, or offered, for sale by the person, unless
the payment or consideration is available on proportionally equal
terms to all other customers competing in the distribution of the
products or commodities; or

(iii) Discriminates in favor of one purchaser against another pur-
chaser or purchasers of a commodity bought for resale, with or with-
out processing, by contracting to furnish or furnishing, or by con-
tributing to the furnishing of, any services or facilities connected
with the processing, handling, sale, or offering for sale of such com-
modity so purchased upon terms not accorded to all purchasers on
proportionally equal terms; or