MARVIN MANDEL, Governor

319

TRADE OR COMMERCE.

REVISOR'S NOTE: This subsection presently appears as
Art. 83, §38(a).

In item (3) of this subsection, the present
reference to "different" persons is deleted as
unnecessarily misleading.

In item (4) of this subsection, the word
"service" is substituted for "product" to
conform the phrase "distribution of the
service or commodity" to its antecedent
"processing .... of any service or commodity."

In item (6) of this subsection, the references
to "goods, wares, ... supplies" are deleted as
unnecessary in light of the definition of
"commodity" in §11-201.

The only other changes are in style.

(B) CONDUCT NOT PROHIBITED.

THIS SECTION DOES NOT PREVENT:

(1)    DIFFERENTIALS WHICH MAKE ONLY DUE
ALLOWANCE FOR DIFFERENCES IN THE COST OF MANUFACTURE,
SALE, OR DELIVERY RESULTING FROM THE DIFFERING METHODS OR
QUANTITIES IN WHICH THE COMMODITY OR SERVICE IS SOLD OR
DELIVERED TO A PURCHASER;

(2)    A PERSON ENGAGED IN SELLING A COMMODITY
OR SERVICE FROM SELECTING HIS OWN CUSTOMERS IN BONA FIDE
TRANSACTIONS AND NOT IN RESTRAINT OF TRADE;

(3)    A PERSON ENGAGED IN SELLING A COMMODITY
OR SERVICE FROM GRANTING EMPLOYEE DISCOUNTS TO HIS OWN
BONA FIDE EMPLOYEES;

(4) A SELLER FROM INTRODUCING EVIDENCE TO
REBUT A CASE BROUGHT UNDER THIS SECTION TO SHOW THAT HIS
LOWER PRICE OR THE FURNISHING OF SERVICES OR FACILITIES
TO A PURCHASER WAS MADE IN GOOD FAITH TO MEET AN EQUALLY
LOW PRICE OF A COMPETITOR, OR THE SERVICES OR FACILITIES
FURNISHED BY A COMPETITOR; OR

(5) PRICE CHANGES, FROM TIME TO TIME, IN
RESPONSE TO CHANGING CONDITIONS AFFECTING THE MARKET FOR
OR THE MARKETABILITY OF A COMMODITY, WHICH CHANGING
CONDITIONS INCLUDE AN ACTUAL OR IMMINENT DETERIORATION OF
A PERISHABLE COMMODITY, OBSOLESCENCE OF A SEASONAL
COMMODITY, DISTRESS SALES UNDER COURT PROCESS, OR SALES
IN GOOD FAITH IN DISCONTINUANCE OF BUSINESS IN THE