1728                                  LAWS OF MARYLAND                                Ch. 214

Article - Commercial Law
11-209.

(a)  (1) The Attorney General shall institute
proceedings in equity to prevent or restrain violations of §
11-204 and may require assistance from any State's attorney
for that purpose.

(2)  In a proceeding under this section, the
court shall determine whether a violation has been committed
and enter any judgment or decree necessary to:

(i) Remove the effects of any violation it
finds; and

(ii) Prevent continuation or renewal of
the violation in the future.

(3)  The court may exercise all equitable powers
necessary for this purpose, including injunction,
divestiture of property or business units, and suspension or
termination of the right of a foreign corporation or
association to do business in the State.

(b)  (1) The United States, the State, and any
political subdivision organized under the authority of the
State is a person having standing to bring an action under
this subsection.

(2)  (I) A person whose business or property has
been injured or threatened with injury by a violation of §
11-204 may maintain an action for damages or for an
injunction or both against any person who has committed the
violation.

(II) THE UNITED STATES, THE STATE, OR ANY
POLITICAL SUBDIVISION ORGANIZED UNDER THE AUTHORITY OF THIS
STATE MAY MAINTAIN AN ACTION UNDER PARAGRAPH (1)
SUBPARAGRAPH (I) OF THIS SUBSECTION PARAGRAPH FOR DAMAGES OR
FOR AN INJUNCTION OR BOTH REGARDLESS OF WHETHER IT DEALT
DIRECTLY OR INDIRECTLY WITH THE PERSON WHO HAS COMMITTED THE
VIOLATION. IN ANY ACTION UNDER THIS SUBSECTION, ANY
DEFENDANT, AS A PARTIAL OR COMPLETE DEFENSE AGAINST A DAMAGE
CLAIM, MAY; IN ORDER TO AVOID DUPLICATIVE LIABILITY, BE
ENTITLED TO PROVE THAT ALL OR ANY PART OF AN ALLEGED
OVERCHARGE WAS ULTIMATELY PASSED ON TO THE UNITED STATES,
THE STATE, OR ANY POLITICAL SUBDIVISION ORGANIZED UNDER THE
AUTHORITY OF THIS STATE, BY A PURCHASER OR SELLER IN THE
CHAIN OF MANUFACTURE, PRODUCTION, OR DISTRIBUTION WHO PAID
AN ALLEGED OVERCHARGE.

(3)  If an injunction is issued, the complainant
shall be awarded costs and reasonable attorney's fees.