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MARVIN MANDEL, Governor
329
In revising this subtitle, the Commission to Revise
the Annotated Code concluded that present Art. 83, §48 is
unnecessary and repetitious in light of the general
severability provision of Art. 1, §23. Accordingly, Art.
83, §48 is proposed for repeal.
Since portions of the Maryland Antitrust Act, as
originally enacted, were carefully and purposefully
patterned after their counterparts in the Federal law,
the Commission wishes to emphasize that its revision is
for purposes of clarity and improved organization only.
No changes in meaning, intent, or construction are
intended. Consequently, the legislative mandate that, in
construing this subtitle, the courts be guided by the
interpretation given to the various Federal Statutes
(cf., present Art. 83, §36—now §11—202) will remain
unaffected.
SUBTITLE 3. GASOLINE PRODUCTS MARKETING ACT.
11-301. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
REVISOR'S NOTE: This subsection is new language used
as the standard introductory language to a
definition section.
(B) DEALER.
(1) "DEALER" MEANS A PERSON ENGAGED IN THE
RETAIL SALE OF GASOLINE PRODUCTS UNDER A MARKETING
AGREEMENT, AT LEAST 30 PERCENT OF WHOSE GROSS REVENUE IS
DEBITED FROM THE RETAIL SALE OF GASOLINE PRODUCTS.
(2) "DEALER" DOES NOT INCLUDE AN EMPLOYEE OF
A DISTRIBUTOR.
REVISOR'S NOTE: This subsection synthesizes without
substantive change the definitions of "dealer"
and "engaged in the retail sale of gasoline
products," which presently appear as Art. 23,
§§ 167C(2) and 167C(4), respectively, making
an independent definition of the latter phrase
unnecessary.
The reference in present §167C(2) to a
marketing agreement which is "entered into
with a distributor" is deleted as unnecessary
in light of the inclusion of that requirement
in the definition of "marketing agreement"
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