1186                             Laws of Maryland                      [Ch. 357

(iv) Leases or makes a sale or contract for sale of goods, wares,
merchandise, machinery, supplies, or other commodities, or services,
whether patented or unpatented, for use, consumption, enjoyment, or
resale, or fix a price charged therefor, or discount from, or rebate
upon, such price, on the condition, agreement, or understanding that
the lessee or purchaser thereof shall not use or deal in the goods,
wares, merchandise, machinery, supplies, or other commodity or serv-
ices of a competitor or competitors of the lessor or seller, where
the effect of such lease, sale or contract for sale or such condition,
agreement, or understanding may be to substantially lessen competi-
tion or tend to create a monopoly in any line of trade or commerce.

B. (B). Provided, that nothing herein contained shall prevent dif-
ferentials which make only due allowance for differences in the
cost of manufacture, sale, or delivery resulting from the differing
methods or quantities in which such commodities or services are to
such purchasers sold or delivered: provided, however, that nothing
herein contained shall prevent persons engaged in selling commod-
ities and services from selecting their own customers in bona fide
transactions and not in restraint of trade: AND PROVIDED
FURTHER, THAT NOTHING CONTAINED HEREIN SHALL
PREVENT PERSONS ENGAGED IN SELLING COMMODITIES
OR SERVICES FROM GRANTING EMPLOYEE DISCOUNTS TO
THEIR OWN BONA FIDE EMPLOYEES: and provided further,
that nothing contained herein shall prevent a seller from intro-
ducing evidence to rebut a case made under this subsection from
showing that his lower price or the furnishing of services or
facilities to any purchaser or purchasers was made in good faith
to meet an equally low price of a competitor, or the services
or facilities furnished by a competitor: and provided further, that
nothing herein contained shall prevent price changes from time to
time where in response to changing conditions affecting the market
for or the marketability of the goods concerned, such as but not
limited to actual or imminent deterioration of perishable goods, obso-
lescence of seasonal goods, distress sales under court process, or sales
in good faith in discontinuance of business in the goods concerned.

39. Exemptions.
No provisions of this subtitle shall be construed to make illegal:

(1)    the activities of any labor organization or of individual
members thereof which are directed solely to labor objectives which
are legitimate under the laws of either the State of Maryland or the
United States; OR A COLLECTIVE BARGAINING AGREEMENT
BETWEEN A LABOR ORGANIZATION, AS THAT TERM IS
DEFINED IN SECTION 2(5) OF THE LABOR MANAGEMENT
RELATIONS ACT, 1947, AS AMENDED (29 U.S.C. SECTION
152(5)), AND AN EMPLOYER OR GROUP OF EMPLOYERS
WHICH CONTAINS SUCH LABOR OBJECTIVES;

(2)    the activities of any agricultural or horticultural cooperative
organization, whether incorporated or unincorporated, or of individ-
ual members thereof, which are directed solely to objectives of such
cooperative organizations which are legitimate under the laws of
either the State of Maryland or the United States;

(3) the activities of any public service company as defined in
Section 2 of the Public Service Commission Law to the extent that