Maryland Enacts Law Rejecting Leegin: Restores Per Se Illegality for Minimum Resale Price Maintenance under the Maryland Antitrust Act

The past several months have seen major developments in the area of antitrust at both the state and federal levels.

On April 14, 2009, Maryland Governor Martin O’Malley signed into law Maryland Senate Bill 239, which adds a new provision to the Maryland Antitrust Act that specifies that “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 on trade or commerce.” See Maryland Senate Bill 239 (repealing and reenacting, with amendments, Md. Code Ann., Com. Law § 11-204).  The effect of this provision is to make any agreement that establishes a minimum resale price for goods or services per se illegal under the Maryland Antitrust Act. 

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