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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0144*
HOUSE BILL 144
I4 6lr1138
(PRE–FILED)
By: Delegate Vogel
Requested: October 9, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Commercial Law – Fair Pricing and Market Competition Fund – Establishment 2
FOR the purpose of establishing the Fair Pricing and Market Competition Fund as a 3
special, nonlapsing fund to provide additional operating funds for the Antitrust 4
Division of the Office of the Attorney General; and generally relating to the Fair 5
Pricing and Market Competition Fund. 6
BY renumbering 7
Article – Commercial Law 8
Section 11–213 9
to be Section 11–214 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Commercial Law 14
Section 11–204(a) and 11–209(a)(1) 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Commercial Law 19
Section 11–209(a)(4) 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2025 Supplement) 22
BY adding to 23
Article – Commercial Law 24
Section 11–213 25
Annotated Code of Maryland 26
2 HOUSE BILL 144
(2013 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That Section(s) 11–213 of Article – Commercial Law of the Annotated Code of Maryland be 3
renumbered to be Section(s) 11–214. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – Commercial Law 7
11–204. 8
(a) A person may not: 9
(1) By contract, combination, or conspiracy with one or more other persons, 10
unreasonably restrain trade or commerce; 11
(2) Monopolize, attempt to monopolize, or combine or conspire with one or 12
more other persons to monopolize any part of the trade or commerce within the State, for 13
the purpose of excluding competition or of controlling, fixing, or maintaining prices in trade 14
or commerce; 15
(3) Directly or indirectly discriminate in price among purchasers of 16
commodities or services of like grade and quality, if the effects of the discrimination may: 17
(i) Substantially lessen competition; 18
(ii) Tend to create a monopoly in any line of trade or commerce; or 19
(iii) Injure, destroy, or prevent competition with any person who 20
grants or knowingly receives the benefit of the discrimination or with custom ers of either 21
of them; 22
(4) In the course of commerce, pay or contract for the payment of anything 23
of value to or for the benefit of a customer of the person as compensation for or in 24
consideration of any service or facility furnished by or through the c ustomer in connection 25
with the processing, handling, sale, or offering for sale of any service or commodity 26
manufactured, sold, or offered for sale by the person, unless the payment or consideration 27
is available on proportionally equal terms to all other c ustomers competing in the 28
distribution of the service or commodity; 29
(5) Discriminate in favor of one purchaser against another purchaser of a 30
commodity bought for resale, with or without processing, by contracting to furnish, 31
furnishing, or contributing to the furnishing of any service or facility connected with the 32
processing, handling, sale, or offering for sale of the commodity on terms not accorded to 33
all purchasers on proportionally equal terms; or 34
HOUSE BILL 144 3
(6) Lease or make a sale or contract for the sale of a patented or unpatented 1
commodity or service for use, consumption, enjoyment, or resale, or set a price charged for 2
the commodity or service or discount from or rebate on the price, on the condition, 3
agreement, or understanding that the lessee or purchaser will not use or deal in the 4
commodity or service of a competitor of the lessor or seller, if the effect of the lease, sale, or 5
contract for sale or the condition, agreement, or understanding may: 6
(i) Substantially lessen competition; or 7
(ii) Tend to create a monopoly in any line of trade or commerce. 8
11–209. 9
(a) (1) The Attorney General shall institute proceedings in equity to prevent 10
or restrain violations of § 11 –204 of this subtitle and may require assistance from any 11
State’s Attorney for that purpose. 12
(4) (i) In addition to the equitable remedies or other relief authorized 13
by this section, the court may assess against any person who violates § 11 –204 of this 14
subtitle a civil penalty not exceeding $10,000 for each violation, to be paid to the [General 15
Fund of the State ] FAIR PRICING AND MARKET COMPETITION FUND ESTABLISHED 16
UNDER § 11–213 OF THIS SUBTITLE. 17
(ii) Each day that a violation of § 11–204 of this subtitle continues is 18
a separate violation. 19
11–213. 20
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “DIVISION” MEANS THE ANTITRUST DIVISION OF THE OFFICE OF 23
THE ATTORNEY GENERAL. 24
(3) “FUND” MEANS THE FAIR PRICING AND MARKET COMPETITION 25
FUND. 26
(B) THERE IS A FAIR PRICING AND MARKET COMPETITION FUND. 27
(C) THE PURPOSE OF THE FUND IS TO PROVIDE ADDITIONAL FUNDING TO 28
SUPPORT THE DIVISION IN THE ENFORCEMENT OF THIS SUBTITLE. 29
(D) THE ATTORNEY GENERAL SHALL ADMINISTER THE FUND. 30
4 HOUSE BILL 144
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 4
(F) THE FUND CONSISTS OF: 5
(1) REVENUE DISTRIBUTED TO THE FUND UNDER § 11–209(A)(4) OF 6
THIS SUBTITLE; 7
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 8
(3) ANY OTHER CIVIL PENALTIE S, DAMAGES, ATTORNEY’S FEES, OR 9
COSTS AWARDED TO THE STATE IN AN ACTION FILED UNDER THIS SUBTITLE; AND 10
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 11
THE BENEFIT OF THE FUND. 12
(G) THE FUND MAY BE USED ONLY TO SUPPORT THE OPERATIONS OF THE 13
DIVISION. 14
(H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 15
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 16
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 17
THE GENERAL FUND OF THE STATE. 18
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 19
WITH THE STATE BUDGET. 20
(J) MONEY EXPENDED FROM T HE FUND FOR THE OPERATIONS OF TH E 21
DIVISION IS SUPPLEMENTAL TO A ND IS NOT INTENDED T O TAKE THE PLACE OF 22
FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE OPERATIONS OF 23
THE DIVISION. 24
(K) FOR FISCAL YEAR S 2028 THROUGH 2033, THE GOVERNOR SHALL 25
INCLUDE IN THE ANNUA L BUDGET BILL AN APPROPRIATION TO THE FUND IN AN 26
AMOUNT SUFFICIENT TO EMPLOY ONE FULL–TIME INVESTIGATOR POSITION IN THE 27
DIVISION. 28
SECTION 3. AND BE IT FURTHER ENACTED, That, beginning in fiscal year 2028, 29
a Position Identification Number (PIN) shall be created in the Antitrust Division of the 30
Office of the Attorney General for a full–time investigator position. 31
HOUSE BILL 144 5
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. 2