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Session Laws, 1972
Volume 708, Page 1188   View pdf image
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1188                             Laws of Maryland                      [Ch. 357

40.    Enforcement; Penalties.

Every person who shall willfully do any act of the acts prohibited
by Section 38 of this subtitle shall be guilty of a misdemeanor and
shall be punished by a fine of up to $50,000 $500,000, or by imprison-
ment not to exceed six months, or both.

(1)    The Attorney General with such assistance as he may from
time to time require of the State's Attorneys in the several counties
and Baltimore City shall investigate suspected criminal violations of
this subtitle and shall, WITH THE STATE'S ATTORNEY FOR
THE COUNTY OR BALTIMORE CITY WHERE THE PROSECU-
TION IS BROUGHT, commence and try all prosecutions under this
subtitle. Prosecutions under this subtitle may be commenced by com-
plaint, information, or indictment. With respect to the commence-
ment and trial of such prosecution, the Attorney General shall have
all of the powers and duties vested by law in State's Attorneys with
respect to criminal prosecutions generally.

(2)    A prosecution for any offense in violation of this subtitle
must be commenced within four years after the commission thereof.

(3)    The Attorney General shall not commence prosecutions under
this subtitle against any defendant who, at the time, is a defendant
with regard to any current pending complaint, information or indict-
ment, involving substantially the same subject matter, filed by the
United States for violation, or alleged violation, of the Federal Anti-
Trust Statutes (including, but not being limited, 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).

41.    Civil Actions.

The following civil actions and remedies are authorized under this
subtitle:
                                                                                       !

(1)    The Attorney General, with such assistance as he may from
time to time require of the State's Attorneys in the several counties
and Baltimore City, shall institute proceedings in equity in the Circuit
Court to prevent and restrain violations of Section 38 of this
subtitle. In such a proceeding, the court shall determine whether
a violation has been committed, and shall enter such judgment or
decree as it considers necessary to remove the effects of any violation
which it finds, and to prevent such violation from continuing or from
being renewed in the future. The court, in its discretion, may exercise
all equitable powers necessary for this purpose, including, but not
limited to, injunction, divestiture of property, divorcement of busi-
ness units, and suspension or termination of the right of foreign
corporations or associations to do business in the State of Maryland.

(2)    Any person who has been injured in his business or property,
or is threatened with such injury, by a violation of Section 38 of
this subtitle may maintain an action in the Circuit Court for damages,
or for an injunction, or both, against any person who has committed
such violation. If, in an action for an injunction, the court issues


 

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Session Laws, 1972
Volume 708, Page 1188   View pdf image
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