Maryland HB 1415: Commercial Law - Maryland Antitrust Act - Indirect Purchasers

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *hb1415*   
  
HOUSE BILL 1415 
I4   7lr3299 
    CF SB 858 
By: Delegate Anderson 
Introduced and read first time: February 10, 2017 
Assigned to: Economic Matters 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Commercial Law – Maryland Antitrust Act – Indirect Purchasers 2 
 
FOR the purpose of altering the circumstances under which a person, whose business or 3 
property  has  been  injured  or  threatened  with  injury  by  a  violation  of  certain 4 
provisions  of  law,  may  maintain  an  action  for  damages,  an  injunction,  or  both, 5 
against  any  person  who  has  committed  the  violation,  regardless  of  whether  the 6 
person maintaining the action dealt directly or indirectly with the person who has 7 
committed  the violation;  altering  a  certain  defense  that  a  defendant  may  raise  in 8 
certain actions for damages; making stylistic changes; and generally relating to civil 9 
actions to enforce State antitrust laws. 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Commercial Law 12 
Section 11–209(b) 13 
 Annotated Code of Maryland 14 
 (2013 Replacement Volume and 2016 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Commercial Law 18 
 
11–209. 19 
 
 (b) (1) The  United  States,  the  State,  and  any  political  subdivision  organized 20 
under the authority of the State is a person having standing to bring an action under this 21 
subsection. 22 
 
  (2) (i) A  person  whose  business  or  property  has  been  injured  or 23 
threatened with injury by a violation of § 11–204 of this subtitle may maintain an action 24 

2 HOUSE BILL 1415  
 
 
for  damages  or  for  an  injunction  or  both  against  any  person  who  has  committed  the 1 
violation[. 2 
 
   (ii) The   United   States,   the   State,   or   any   political   subdivision 3 
organized under the authority of this State may maintain an action under subparagraph 4 
(i) of this paragraph for damages or for an injunction or both] regardless of whether [it] 5 
THE PERSON MAINTAINING THE ACTION dealt directly or indirectly with the person who 6 
has committed the violation. 7 
 
   (II) In  any  action  under  this  subsection FOR  DAMAGES  BY  AN 8 
INTERMEDIATE   PURCHASER   OR   SELLER   IN   THE CHAIN   OF   MANUFACTURE, 9 
PRODUCTION, OR  DISTRIBUTION,  any  defendant,  as  a  partial  or  complete  defense 10 
[against a damage claim], may, in order to avoid duplicative liability, prove that all or any 11 
part of an alleged overcharge was [ultimately] passed on to [the United States, the State, 12 
or  any  political  subdivision  organized  under  the  authority  of  this  State,] A  LATER 13 
PURCHASER OR ULTIMATE END–USER ALSO MAINTAINING AN ACTION FOR DAMAGES 14 
UNDER  THIS  SUBSECTION [by  a  purchaser  or  seller  in  the  chain  of  manufacture, 15 
production, or distribution who paid an alleged overcharge]. 16 
 
  (3) If an injunction is issued, the complainant shall be awarded costs and 17 
reasonable attorney’s fees. 18 
 
  (4) In an action for damages, if an injury due to a violation of § 11–204 of 19 
this subtitle is found, the person injured shall be awarded three times the amount of actual 20 
damages which results from the violation, with costs and reasonable attorney’s fees. 21 
 
  (5) The Attorney General may bring an action on behalf of the State or any 22 
of its political subdivisions or as parens patriae on behalf of persons residing in the State 23 
to  recover  the  damages  provided  for  by  this  subsection  or  any  comparable  provision  of 24 
federal law. 25 
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  this  Act  shall  take  effect 26 
October 1, 2017. 27