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§ 11-506. Evidence

West's Annotated Code of MarylandCommercial LawEffective: July 1, 2023

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 5. Cigarette Sales Below Cost Act (Refs & Annos)
Effective: July 1, 2023
MD Code, Commercial Law, § 11-506
§ 11-506. Evidence
Currentness
(a) In any proceeding under this subtitle, including a proceeding relating to licenses before the Executive Director, proof of a sale by a retailer or a wholesaler of cigarettes or of any other item in combination or in connection with cigarettes at less than their cost to the retailer or their cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy or substantially lessen competition.
(b) In determining cost to the retailer or cost to the wholesaler, the Executive Director or the court shall receive and consider evidence:
(1) That the person complained against purchased cigarettes at a fictitious price or on terms, in a manner, or under invoices which conceal the true costs, discounts, or terms of purchase; and
(2) Of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area.

Credits

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 2023, c. 450, § 1, eff. July 1, 2023.
Formerly Art. 83, § 122.
MD Code, Commercial Law, § 11-506, MD COML § 11-506
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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