Maryland Antitrust Laws

Maryland antitrust laws are provided under Title 11, § 11-201 et seq of the Maryland Commercial Law Code.  Parties who may sue, the relief and limitation period are prescribed under § 11-207 and § 11-209. Private parties and an Attorney General can bring action under this statute.  The prevailing Plaintiff is entitled to recover reasonable attorney fees.  Any action under this statute should be brought within four years after the cause of action arises.

Md. COMMERCIAL LAW Code Ann. § 11-207

Criminal proceedings

(b) Prosecution by Attorney General and State’s Attorney.  The Attorney General shall commence and try all prosecutions under this subtitle with the State’s Attorney for the county where the prosecution is brought.
****

(d) Limitation period for criminal action. — A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.
****

Md. COMMERCIAL LAW Code Ann. § 11-209

Civil actions
(a) Proceedings by Attorney General.
(1) The Attorney General shall institute proceedings in equity to prevent or restrain violations of § 11-204 of this subtitle and may require assistance from any State’s Attorney for that purpose.
****
(b) Action for damages and injunction.
(1) The United States, the State, and any political subdivision organized under the authority of the State is a person having standing to bring an action under this subsection.
(2) (i) A person whose business or property has been injured or threatened with injury by a violation of § 11-204 of this subtitle may maintain an action for damages or for an injunction or both against any person who has committed the violation.
****

(3) If an injunction is issued, the complainant shall be awarded costs and reasonable attorney’s fees.
(4) In an action for damages, if an injury due to a violation of § 11-204 of this subtitle is found, the person injured shall be awarded three times the amount of actual damages which results from the violation, with costs and reasonable attorney’s fees.
(5) The Attorney General may bring an action on behalf of the State or any of its political subdivisions or as parens patriae on behalf of persons residing in the State to recover the damages provided for by this subsection or any comparable provision of federal law.
****

(d) Limitation period for civil action.
(1) An action brought to enforce this subtitle shall be commenced within 4 years after the cause of action accrues.
****

(3) Whenever the State commences a criminal proceeding under this subtitle or the United States commences a criminal antitrust proceeding under the federal antitrust laws, any civil action under this section related to the subject matter of the criminal proceeding shall be commenced within 1 year after the conclusion of the proceeding or within 4 years after the cause of action accrued, whichever is later.


Inside Maryland Antitrust Laws