334

LAWS OF MARYLAND

[Ch. 49

(C) PRICE SETTING.

THE DISTRIBUTOR MAY NOT SET OR MAINTAIN OR ATTEMPT
TO SET OR MAINTAIN THE PRICE AT WHICH THE DEALER SELLS
ANY PRODUCT, AND THE PRICE OF ANY PRODUCT MAY NOT BE
SUBJECT TO ENFORCEMENT OR COERCION BY THE DISTRIBUTOR IN
ANY WAY. HOWEVER, THE DISTRIBUTOR MAY COUNSEL WITH THE
DEALER CONCERNING PRICES AND MAY SUGGEST PRICES TO HIM.

REVISOR'S NOTE: This subsection presently appears as
Art. 23, §167E(4).

The only changes are in style.

It would appear that the legislature intended
this provision to apply to all marketing
agreements, even in situations where the
Maryland Fair Trade Act, Subtitle 1 of this
Title, might otherwise permit the setting of
resale prices.

(D)  HOURS OF BUSINESS.

UNLESS THE REQUIREMENTS ARE EXPRESSELY SET FORTH IN
THE MARKETING AGREEMENT, THE DISTRIBUTOR MAY NOT REQUIRE
THE DEALER TO KEEP HIS RETAIL OUTLET OPEN FOR BUSINESS
FOR ANY SPECIFIED NUMBER OF HOURS PER DAY OR DAYS PER
WEEK.

REVISOR'S NOTE: This subsection presently appears as
Art. 23, §167E(1).

It has been revised to delete the possible,
but clearly unintended, implication that an
unrelated third party, such as a
non—distributor landlord under a percentage
lease, would also be precluded from requiring
the dealer to maintain any specified business
hours.

The only other changes are in style.

(E)   PROMOTIONS.

THE DISTRIBUTOR MAY NOT REQUIRE THE DEALER TO USE
ANY PROMOTION, PREMIUM, COUPON, GIVE-AWAY, OR REBATE IN
THE OPERATION OF THE BUSINESS. HOWEVER, IF NOT OTHERWISE
PROHIBITED BY LAW, THE DEALER MAY PARTICIPATE IN A
PROMOTIONAL, PREMIUM, COUPON, GIVE-AWAY, OR REBATE

PROGRAM SPONSORED BY THE DISTRIBUTOR.

REVISOR'S NOTE: This subsection presently appears as
Art. 23, §167E(5).