MARVIN MANDEL, Governor

309

Reference to a contract "or agreement" is
deleted. To the extent that an "agreement" is
the same as a "contract," the former is
redundant. To the extent that it refers to
something less than a contract, it is
misleading since this subtitle permits the
establishment of resale prices in the first
instance only by "contract"; cf. §11—104.

The only other changes are in style.

11-103. PERSONS WHO MAY ESTABLISH MINIMUM RESALE PRICE.

ONLY THE OWNER OF THE TRADEMARK, BRAND, OR NAME USED
IN CONNECTION WITH THE COMMODITY OR A DISTRIBUTOR
SPECIFICALLY AUTHORIZED BY THE OWNER MAY ESTABLISH A
MINIMUM RESALE PRICE FOR A COMMODITY IN A CONTRACT
ENTERED INTO UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Art. 83, §105.

The only changes are in style.

11-104. CONTRACT RELATING TO RESALE OF COMMODITIES AT
MINIMUM PRICE.

(A)    COMMODITIES TO WHICH MINIMUM PRICE PROVISIONS
APPLICABLE.

THIS SECTION APPLIES TO A COMMODITY IF:

(1)   ITS LABEL OR CONTAINER OR THE VENDING
EQUIPMENT FROM WHICH IT IS SOLD TO A CONSUMER BEARS THE
TRADEMARK, BRAND, OR NAME OF THE PRODUCER OR DISTRIBUTOR
OF THE COMMODITY; AND

(2)    IT IS IN FREE AND OPEN COMPETITION WITH
COMMODITIES OF THE SAME GENERAL CLASS PRODUCED OR
DISTRIBUTED BY OTHERS.

(B)   PERMITTED MINIMUM PRICE PROVISIONS.

A CONTRACT WHICH RELATES TO THE SALE OR RESALE OF A
COMMODITY DESCRIBED IN SUBSECTION (A) OF THIS SECTION MAY
CONTAIN ANY OF THE FOLLOWING PROVISIONS:

(1)    THAT THE BUYER WILL NOT RESELL THE
COMMODITY AT LESS THAN THE MINIMUM PRICE STIPULATED BY
THE SELLER;

(2)   THAT THE BUYER WILL REQUIRE ANY DEALER TO
WHOM HE RESELLS THE COMMODITY TO AGREE THAT HE, IN TURN,
WILL NOT RESELL THE COMMODITY AT LESS THAN THE MINIMUM