Plain Text Law

Title 02 — Subtitle 04. Antitrust Division

Chapter 01. Maryland Foreign Discriminatory Boycotts Act Regulations

Chapter 02. Business Review Procedure

Regulation .01 General.Copy Citation

The Attorney General of Maryland is not authorized to give advisory opinions to private parties. The Attorney General will in certain circumstances and under the conditions set forth in this chapter, respond to inquiries from private parties with respect to proposed business conduct, and may state the Attorney General's enforcement intentions under the Maryland Antitrust Act, Commercial Law Article, §§11-201—11-213, Annotated Code of Maryland.

Regulation .02 Request.Copy Citation

A request for a business review letter shall be submitted in writing to the Assistant Attorney General and Chief, Antitrust Division, Office of the Attorney General, 200 St. Paul Place, Baltimore, Maryland 21202.

Regulation .03 Proposed Business Conduct.Copy Citation

The Attorney General shall consider only requests with respect to proposed business conduct. Hypothetical problems may not be considered for review.

Regulation .04 Applicability.Copy Citation

A business review letter issued under this chapter does not have application to any party which does not join in the request for the business review letter.

Regulation .05 Content of Request.Copy Citation

A request shall be accompanied by:
A.
All relevant data, including background information;
B.
Complete copies of all operative documents; and
C.
Detailed statements of all collateral understandings, if any.

Regulation .06 Obligation of Requesting Party.Copy Citation

The requesting party is under an obligation to make a full disclosure with respect to the business conduct for which review is requested. A party requesting the review letter shall provide the Attorney General with whatever additional information or documents the Attorney General may request in order to review the matter. The additional information, if furnished orally, shall be promptly confirmed in writing. In connection with any request for review, the Attorney General may also conduct whatever independent investigation the Attorney General believes is appropriate.

Regulation .07 Oral Clearance Not Binding.Copy Citation

The Attorney General does not give or authorize an oral clearance, release, or other statement purporting to bind the enforcement discretion of the Attorney General. The requesting party may rely only upon a written business review letter signed by the Attorney General, or Assistant Attorney General and Chief of the Antitrust Division.

Regulation .08 Response by Attorney General.Copy Citation

After review of a request, the Attorney General may:
A.
State the Attorney General's present enforcement intention with respect to the proposed business conduct;
B.
Decline to respond to the request; or
C.
Take such other position as the Attorney General considers appropriate.

Regulation .09 Effect of Business Review Letter.Copy Citation

A.
A business review letter shall recite the facts upon which it is issued, and shall state only the enforcement intention of the Attorney General with respect to the facts as recited. The Attorney General remains completely free to bring whatever action or proceeding the Attorney General subsequently comes to believe is required by the public interest.
B.
A business review letter issued shall state only the Attorney General's present enforcement intentions under the antitrust laws, and may not in any way be taken to indicate the Attorney General's views on legal or factual issues that may be raised when the proposed business conduct is subject to approval, review, or regulation by a State or federal agency, commission, department, or board. The issuance of a business review letter is not to be represented to mean that the Attorney General believes that there are no anticompetitive consequences warranting a regulatory entity's consideration.

Regulation .10 Request May Be Withdrawn At Any Time.Copy Citation

A requesting party may withdraw a request for review at any time. The Attorney General remains free, however, to submit comments to the requesting party as the Attorney General considers appropriate. Failure to take action after receipt of documents or information, whether submitted pursuant to this procedure or otherwise, does not in any way limit or stop the Attorney General from taking action at any time after that as the Attorney General considers appropriate.

Regulation .11 Documents Retained.Copy Citation

The Attorney General reserves the right to retain documents submitted to the Attorney General under this procedure or otherwise and to use them for purposes of enforcement of the Maryland Antitrust Act, Commercial Law Article, §11-201—11-213, Annotated Code of Maryland.