354

LAWS OF MARYLAND

[Ch. 49

(B) PROHIBITION ON PURCHASE.

A RETAILER MAY NOT PURCHASE CIGARETTES FROM A
WHOLESALER AT A COST WHICH DIRECTLY OR INDIRECTLY IS LESS
THAN THE COST TO THE WHOLESALER BY ANY MEANS, INCLUDING
OFFERING, ACCEPTING, INDUCING, OR ATTEMPTING TO INDUCE A
REBATE IN PRICE OR A CONCESSION OF ANY KIND IN CONNECTION
WITH THE SALE OR PURCHASE OF CIGARETTES.

REVISOR'S NOTE: This section presently appears as
Art. 83, §116.

In subsection (b) of this section, the phrase
"but not limited to" is deleted as
unnecessary, since use of the word "including"
is not intended in any sense to be
exclusionary or limiting. The maxim of
expressio unius est exclusio alterius and
doctrines of similar implication are not
intended, therefore, to be made applicable by
reason of this deletion.

The only other changes are in style.

11-505. COMBINATION SALES AND CONCESSIONS.

(A) PROHIBITION.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A RETAILER OR WHOLESALER WITH INTENT TO INJURE A
COMPETITOR OR TO DESTROY OR SUBSTANTIALLY LESSEN
COMPETITION MAY NOT:

(1)   SELL CIGARETTES IN COMBINATION WITH ANY
OTHER ITEM OF MERCHANDISE IF THE OTHER ITEM IS GIVEN FREE
OF CHARGE OR SOLD AT A PRICE BELOW ITS COST TO THE
RETAILER OR ITS COST TO THE WHOLESALER, RESPECTIVELY, AS
DEFINED IN SUBTITLE 4 OF THIS TITLE;

(2)    SELL CIGARETTES IN COMBINATION WITH ANY
OTHER ITEM OF MERCHANDISE IF THE TOTAL SALE PRICE FOR THE
CIGARETTES AND ALL OTHER ITEMS INCLUDED IN THE SALE IS

LESS THAN THE SUM OF:

(i) THE COST TO THE RETAILER OR THE COST TO
THE WHOLESALER, RESPECTIVELY, OF THE CIGARETTES; AND

(ii) THE COST TO THE RETAILER OR THE COST TO
THE WHOLESALER, RESPECTIVELY, AS DEFINED IN SUBTITLE 4 OF
THIS TITLE, OF ALL OTHER ITEMS INCLUDED IN THE SALE,
INCLUDING ITEMS GIVEN FREE OF CHARGE IN CONNECTION WITH
THE SALE;

(3)   GIVE CIGARETTES FREE OF CHARGE, EXCEPT IN