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Price Filing
NOTE: On September 28, 2007, an appeals court
ruled that the state can no longer enforce the price filing statue
saying that it is a violation of the Sherman Act.
HISTORY: Maryland regulates how wholesalers and importers
price their wines and other alcohol beverages. When a wine becomes
available in Maryland, the wholesaler must set a price and file
it with the state. The wholesaler must then keep to that price –
and may not vary from the price posted with the state no matter
the quantity sold and to whom. In other words, both small and large
retail stores and restaurants purchase wines at the same price -
even when they purchase in bulk quanitities.
This is designed to "elimiate price wars, which
unduly stimulate the sale and consumption of wines..."
Actual Law: Article 2-B Alcoholic Beverages
§ 12-103.
(a) It is the declared policy of this State that it is necessary
to regulate and control the sale and distribution within the State
of wines and liquors, for the purpose of fostering and promoting
temperance in their consumption and respect for and obedience to
the law. In order to eliminate price wars, which unduly stimulate
the sale and consumption of wines and liquors and disrupt the orderly
sale and distribution thereof, it is hereby declared as the policy
of this State that the sale of wines and liquors should be subjected
to the following restrictions, prohibitions and regulations. The
necessity for the enactment of the provisions of this section is,
therefore, declared as a matter of legislative determination.
(b) The Comptroller is authorized and directed, by
regulation, to prescribe the maximum discounts which may be allowed
by any manufacturer or wholesaler in the sale and distribution of
various quantities of wines and liquors. Said regulation may also,
in the discretion of the Comptroller, prohibit the giving of discounts
by any manufacturer or wholesaler in the sale and distribution of
any or all quantities or kinds of wines and liquors.
Read
more of the law...
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