# Commercial Law (GCL)

## Title 11. Trade Regulation

### Subtitle 2. Antitrust

#### Section 11-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Attorney General" means the Attorney General of Maryland or his designee.

(c) "Commodity" means goods, wares, merchandise, machinery, supplies, or any other articles in trade or commerce.

(d) "County" includes Baltimore City.

(e) "Court" means the circuit court of a county.

(f) "Person" includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(g) "Service" means any activity performed in whole or in part for the purpose of financial gain, and includes any sale, rental, leasing, or licensing for use.

(h) "Trade or commerce" includes all economic activity within the State which involves or relates to any commodity or service.

#### Section 11-202

(a)

  (1) The General Assembly of Maryland declares that the purpose of this subtitle is to complement the body of federal law governing restraints of trade, unfair competition, and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest intrastate competition.

  (2) It is the intent of the General Assembly that, in construing this subtitle, the courts be guided by the interpretation given by the federal courts to the various federal statutes dealing with the same or similar matters, including:

    (i) Act of July 2, 1890, ch. 647, 26 U.S. Stat. 209, 15 U.S.C. Sec.Sec. 1 through 7;

    (ii) Act of Oct. 15, 1914, ch. 323, 38 U.S. Stat. 730, 15 U.S.C. Sec.Sec. 12 through 27, 44;

    (iii) Act of August 17, 1937, ch. 690, Title VIII, 50 U.S. Stat. 693, 15 U.S.C. Sec. 1;

    (iv) Act of July 7, 1955, ch. 281, 69 U.S. Stat. 282, 15 U.S.C. Sec.Sec. 1 through 3;

    (v) Act of May 26, 1938, ch. 283, 52 U.S. Stat. 446, 15 U.S.C. Sec. 13c; and

    (vi) Any similar act passed in the future.

  (3) It is also the intent of the General Assembly that, in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition within the State, determination of the relevant market or effective area of competition may not be limited by the boundaries of the State.

(b)

  (1) For the purpose and intent stated in subsection (a) of this section, this subtitle shall be liberally construed to serve its beneficial purposes.

  (2) It is also the intent of the General Assembly that this subtitle may not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest.

#### Section 11-203

(a) This subtitle does not make illegal the activity of:

  (1) A labor organization or its individual members directed solely to lawful labor objectives, or a collective bargaining agreement between a labor organization, as defined in 29 U.S.C. Sec. 152(5), and an employer or group of employers, which contains those labor objectives;

  (2) Any incorporated or unincorporated agricultural or horticultural cooperative organization or its individual members directed solely to their lawful objectives;

  (3) A public service company, as defined in Sec. 1-101 of the Public Utilities Article, or a rating organization or bureau representing the company, to the extent that the activity is subject to the jurisdiction of the Public Service Commission or authorized by federal law governing interstate commerce;

  (4) An insurer, insurance producer, public adjuster, insurance advisor, or rating organization, to the extent that the activity is:

    (i) Regulated by the Maryland Insurance Commissioner; or

    (ii) Authorized by the Insurance Article or any other law of the State;

  (5) A nonprofit corporation, trust, or organization established exclusively for religious or charitable purposes, or for both purposes, to the extent that the activity is a religious or charitable activity;

  (6) A security dealer who is licensed by the State or who is a member of the National Association of Securities Dealers or a member of a National Securities Exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, in the course of his business of offering, selling, buying and selling, or otherwise trading in or underwriting securities as an agent, broker, or principal, or the activity of a registered National Securities Exchange, including the establishment of commission rates and schedules of charges;

  (7) A board of trade designated as a "contract market" by the Secretary of Agriculture of the United States under 9 U.S.C. Sec. 5;

  (8) Any person to the extent that the activity is subject to the jurisdiction of the Maryland Transit Administration or the Washington Metropolitan Area Transit Authority;

  (9) A state or national bank to the extent that the activity is regulated or supervised under the banking laws of the State or the United States;

  (10) A state or federal savings and loan association to the extent that the activity is regulated or supervised under the savings and loan laws of the State or the United States;

  (11) A bona fide nonprofit association, society, or board of attorneys, practitioners of medicine, architects, engineers, land surveyors, or real estate brokers licensed and regulated by an agency of the State, in recommending schedules of suggested fees, rates, or commissions for use solely as guidelines in determining charges for professional or technical services;

  (12) A political subdivision of the State in furnishing services or commodities; or

  (13) A hospital, as defined in Sec. 19-301 of the Health - General Article, in the course of a merger or consolidation or the joint ownership and operation of major medical equipment, to the extent that the activity is approved by the Maryland Health Care Commission under Sec. 19-129 of the Health - General Article.

(b) Unless authorized under the Insurance Article, subsection (a)(4) of this section may not be construed to prevent the application of this subtitle to a person who:

  (1) Agrees to:

    (i) Rig bids;

    (ii) Allocate customers or territories;

    (iii) Boycott;

    (iv) Coerce; or

    (v) Intimidate; or

  (2) Engages in an act of:

    (i) Bid rigging;

    (ii) Customer or territorial allocation;

    (iii) Boycott;

    (iv) Coercion; or

    (v) Intimidation.

#### Section 11-204

(a) A person may not:

  (1) By contract, combination, or conspiracy with one or more other persons, unreasonably restrain trade or commerce;

  (2) Monopolize, attempt to monopolize, or combine or conspire with one or more other persons to monopolize any part of the trade or commerce within the State, for the purpose of excluding competition or of controlling, fixing, or maintaining prices in trade or commerce;

  (3) Directly or indirectly discriminate in price among purchasers of commodities or services of like grade and quality, if the effects of the discrimination may:

    (i) Substantially lessen competition;

    (ii) Tend to create a monopoly in any line of trade or commerce; or

    (iii) Injure, destroy, or prevent competition with any person who grants or knowingly receives the benefit of the discrimination or with customers of either of them;

  (4) In the course of commerce, pay or contract for the payment of anything of value to or for the benefit of a customer of the person as compensation for or in consideration of any service or facility furnished by or through the customer in connection with the processing, handling, sale, or offering for sale of any service or commodity manufactured, sold, or offered for sale by the person, unless the payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of the service or commodity;

  (5) Discriminate in favor of one purchaser against another purchaser of a commodity bought for resale, with or without processing, by contracting to furnish, furnishing, or contributing to the furnishing of any service or facility connected with the processing, handling, sale, or offering for sale of the commodity on terms not accorded to all purchasers on proportionally equal terms; or

  (6) Lease or make a sale or contract for the sale of a patented or unpatented commodity or service for use, consumption, enjoyment, or resale, or set a price charged for the commodity or service or discount from or rebate on the price, on the condition, agreement, or understanding that the lessee or purchaser will not use or deal in the commodity or service of a competitor of the lessor or seller, if the effect of the lease, sale, or contract for sale or the condition, agreement, or understanding may:

    (i) Substantially lessen competition; or

    (ii) Tend to create a monopoly in any line of trade or commerce.

(b) For purposes of subsection (a)(1) of this section, a contract, combination, or conspiracy that establishes a minimum price below which a retailer, wholesaler, or distributor may not sell a commodity or service is an unreasonable restraint of trade or commerce.

(c) Subsection (a)(3) through (6) of this section does not prevent:

  (1) Differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which the commodity or service is sold or delivered to a purchaser;

  (2) A person engaged in selling a commodity or service from selecting his own customers in bona fide transactions and not in restraint of trade;

  (3) A person engaged in selling a commodity or service from granting employee discounts to his own bona fide employees;

  (4) A seller from introducing evidence to rebut a case brought under subsection (a)(3) through (6) of this section to show that his lower price or the furnishing of services or facilities to a purchaser was made in good faith to meet an equally low price of a competitor, or the services or facilities furnished by a competitor; or

  (5) Price changes, from time to time, in response to changing conditions affecting the market for or the marketability of a commodity, which changing conditions include an actual or imminent deterioration of a perishable commodity, obsolescence of a seasonal commodity, distress sales under court process, or sales in good faith in discontinuance of business in the commodity.

#### Section 11-205

(a) Except as provided in subsection (i) of this section, if the Attorney General believes that a person may be in possession, custody, or control of any documentary material, wherever situated, or may have any information which the Attorney General believes is relevant to the subject matter of an investigation of a possible violation of this subtitle, the Attorney General may serve on the person before institution of a civil proceeding for the violation a written civil investigative demand which requires that person to produce the documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers, or testimony.

(b)

  (1) The demand of the Attorney General shall state the statute and section of the statute the alleged violation of which is under investigation, and the general subject matter of the investigation.

  (2) If the demand requests production of documentary material, the demand shall:

    (i) Describe the class of documentary material to be produced under the demand with reasonable specificity to indicate fairly the material demanded;

    (ii) Prescribe a return date of not less than 3 days after the demand is served by which the documentary material is to be produced; and

    (iii) Identify the member of the Office of the Attorney General to whom the documentary material is to be made available for inspection and copying.

  (3) If the demand requests answers to written interrogatories, the demand shall:

    (i) Propound the written interrogatories to be answered;

    (ii) Prescribe a return date of not less than 3 days after the demand is served by which the answers to written interrogatories are to be submitted; and

    (iii) Identify the member of the Office of the Attorney General to whom such answers are to be submitted.

  (4) If the demand requests oral testimony, the demand shall:

    (i) Prescribe a date, time, and place at which oral testimony is to be given;

    (ii) Identify the member of the Office of the Attorney General who will conduct the examination; and

    (iii) Identify the member of the Office of the Attorney General to whom the transcript of the examination is to be submitted.

(c) The demand of the Attorney General may not:

  (1) Contain any requirement which would be unreasonable or improper if contained in a summons or summons duces tecum issued by a court of the State; or

  (2) Require the disclosure of any documentary material, answers to written interrogatories, or oral testimony which could not be required by a summons or summons duces tecum issued by a court of the State.

(d) Service of the demand of the Attorney General shall be made by:

  (1) Delivering an executed copy of the demand to the person to be served;

  (2) Delivering an executed copy of the demand to an officer, agent, or employee of the person to be served at the person's principal place of business in the State if the person is not a natural person or is not available; or

  (3) Mailing by registered or certified mail an executed copy of the demand addressed to the person to be served at the person's principal place of business in the State or, if the person has no place of business in the State, at the person's principal office or place of business out of State.

(e) The documentary material demanded under this section shall be produced for inspection and copying and oral testimony shall be given during normal business hours at the principal office or place of business of the person served, or at any other time or place agreed to by the person served and the Attorney General.

(f)

  (1) Unless otherwise ordered by the court for good cause shown, the documentary material, written answers to interrogatories, transcripts of oral testimony, or copies of any product of discovery produced under the demand may not be presented for inspection or copying by or their contents disclosed to any person other than an authorized employee of the Attorney General without the consent of the person who produced the material.

  (2) Copies of the material produced shall be available for inspection and copying by the person who produced the material or the person's authorized representative under any reasonable terms and conditions prescribed by the Attorney General.

  (3) The Attorney General may use the material produced in the enforcement of this subtitle, including presentation before any court. Material which contains trade secrets may not be presented except with the approval of the court in which the action is pending and after adequate notice is given to the person furnishing the material.

(g)

  (1) A petition to extend the return date or to modify or set aside a demand issued under subsection (a) of this section may be filed at any time before the return date specified in the demand or within 20 days after the demand is served, whichever period is shorter.

  (2) A petition to require the Attorney General or any other person to perform a duty imposed by this section and any other petitions in connection with the demand may be filed by the person on whom the demand is served.

  (3) A petition filed under this subsection shall state good cause and be filed in the court of the county where the petitioner resides or where the petitioner's principal place of business is located.

(h)

  (1) If a person fails to comply with a written civil investigative demand served on the person under this section, the Attorney General may file in the court of the county where the person resides, transacts business, or is found, and serve on the person a petition for an order of the court for the enforcement of this section.

  (2) If the person transacts business in more than one county the petition shall be filed in the county where the person's principal place of business is located, or in any other county agreed to by the parties to the petition.

  (3) The court in which the petition is filed has jurisdiction to hear and determine the matter presented and enter any order required under this section.

(i) This section is not applicable to a criminal prosecution.

#### Section 11-206

(a) In enforcing this subtitle, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this subtitle from any person engaged in the act or practice.

(b) The assurance of discontinuance shall be in writing and filed with and subject to the approval of the court of the county where the alleged violator resides or has his principal place of business.

(c) The assurance of discontinuance may not be considered for any purpose as an admission of a violation. However, proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this subtitle.

#### Section 11-207

(a) The Attorney General shall investigate suspected criminal violations of this subtitle and may require assistance from any State's Attorney for that purpose.

(b) The Attorney General shall commence and try all prosecutions under this subtitle with the State's Attorney for the county where the prosecution is brought.

(c) With respect to the commencement and trial of the prosecution, the Attorney General has all the powers and duties vested by law in State's Attorneys with respect to criminal prosecutions.

(d) A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.

(e) The Attorney General may not commence prosecution under this subtitle against any person while the person is a defendant with regard to a pending complaint, information, or indictment which:

  (1) Involves substantially the same subject matter; and

  (2) Is filed by the United States for violation or alleged violation of the federal antitrust statutes, including the statutes enumerated in Sec. 11-202 and any similar act passed in the future.

#### Section 11-208

The Attorney General may cooperate with the federal government and other states in the enforcement of this subtitle.

#### Section 11-209

(a)

  (1) The Attorney General shall institute proceedings in equity to prevent or restrain violations of Sec. 11-204 of this subtitle 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 but not limited to injunction, restitution to any person of any money or real or personal property acquired from that person by means of any violation, 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.

  (4)

    (i) In addition to the equitable remedies or other relief authorized by this section, the court may assess against any person who violates Sec. 11-204 of this subtitle a civil penalty not exceeding $10,000 for each violation, to be paid to the General Fund of the State.

    (ii) Each day that a violation of Sec. 11-204 of this subtitle continues is a separate violation.

(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 Sec. 11-204 of this subtitle may maintain an action for damages or for an injunction or both against any person who has committed the violation regardless of whether the person maintaining the action dealt directly or indirectly with the person who has committed the violation.

    (ii) In any action under this subsection for damages by an intermediate purchaser or seller in the chain of manufacture, production, or distribution, any defendant, as a partial or complete defense, may, in order to avoid duplicative liability, prove that all or any part of an alleged overcharge was passed on to a later purchaser or ultimate end-user also maintaining an action for damages under this subsection.

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

  (4) In an action for damages, if an injury due to a violation of Sec. 11-204 of this subtitle is found, the person injured shall be awarded three times the amount of actual damages which results from the violation, with costs and reasonable attorney's fees.

  (5) The Attorney General may bring an action on behalf of the State or any of its political subdivisions or as parens patriae on behalf of persons residing in the State to recover the damages provided for by this subsection or any comparable provision of federal law.

(c) An action brought by the Attorney General as parens patriae under subsection (b)(5) of this section is presumed superior to any class action brought on behalf of the same person.

(d)

  (1) An action brought to enforce this subtitle shall be commenced within 4 years after the cause of action accrues.

  (2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

  (3) Whenever the State commences a criminal proceeding under this subtitle or the United States commences a criminal antitrust proceeding under the federal antitrust laws, any civil action under this section related to the subject matter of the criminal proceeding shall be commenced within 1 year after the conclusion of the proceeding or within 4 years after the cause of action accrued, whichever is later.

#### Section 11-210

(a) Except as provided in subsection (b) of this section, a final judgment or decree rendered in a criminal proceeding or civil action brought by the Attorney General under this subtitle to the effect that a defendant has violated this subtitle is prima facie evidence against the defendant in an action for damages brought by another party against him under Sec. 11-209(b) of this subtitle with respect to all matters where the judgment or decree would be an estoppel between the parties to it.

(b) This section does not apply to a civil consent judgment or decree entered before any testimony is taken.

#### Section 11-211

The remedies provided in this subtitle are cumulative.

#### Section 11-212

Any person who willfully violates any of the provisions of Sec. 11-204(a)(1) or (2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500,000 or imprisonment not exceeding six months or both.

#### Section 11-213

This subtitle may be cited as the Maryland Antitrust Act.

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Md. Code Ann., Com. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)