344

LAWS OF MARYLAND

[Ch. 49

ANY OTHER ITEM AT A COMBINED PRICE, OR IS ADVERTISED,
OFFERED AS A GIFT, OR GIVEN WITH THE SALE OF ANY OTHER
ITEM, ALL OF THE ITEMS ARE CONSIDERED TO BE ADVERTISED,
OFFERED FOR SALE, OR SOLD. THE COST TO THE WHOLESALER AND
THE COST TO THE RETAILER, AS THE CASE MAY BE, OF EACH
ITEM IS GOVERNED BY §11-401(B) AND (C), RESPECTIVELY, OF
THIS SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Art. 83, §112(d).

In the first sentence of this section, the
phrase "cost to the wholesaler and the cost to
the retailer" is substituted for "price" since
the former uses the terms that are actually
defined in the referenced §11—401.

The only other changes are in style.

11-404. SALE AT LESS THAN COST PROHIBITED.

(A)       PROHIBITION.

A RETAILER OR WHOLESALER WITH INTENT TO INJURE A
COMPETITOR OR TO DESTROY COMPETITION MAY NOT ADVERTISE,
OFFER TO SELL, OR SELL AT RETAIL SALE OR WHOLESALE SALE
ANY ITEM OF MERCHANDISE AT LESS THAN ITS COST TO THE
RETAILER OR ITS COST TO THE WHOLESALER, RESPECTIVELY.

(B)   EVIDENCE.

PROOF OF AN ADVERTISEMENT, OFFER TO SELL, OR SALE OF
AN ITEM OF MERCHANDISE BY A RETAILER OR WHOLESALER AT
LESS THAN ITS COST TO THE RETAILER OR ITS COST TO THE
WHOLESALER, RESPECTIVELY, IS PRIMA FACIE EVIDENCE OF
INTENT TO INJURE A COMPETITOR OR TO DESTROY COMPETITION.

REVISOR'S NOTE: This section presently appears as
the first two sentences of Art. 83, §113.

The terms "cost to the retailer" and "cost to
the wholesaler" are substituted for "his
cost," since the former terms are those
actually defined in §11-401.

The only other changes are in style.

11-405. INJUNCTION.

ON COMPLAINT OF A PERSON WHO CLAIMS TO BE INJURED, A
CIRCUIT COURT HAS JURISDICTION TO ENJOIN A RETAILER OR
WHOLESALER FROM THE COMMISSION OF AN ACT PROHIBITED BY
THIS SUBTITLE.