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.

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