The safe port created by the market share thresholds covered at points 8, 9, 10 and 11 is particularly relevant for categories of agreements that are not covered by a Commission category exemption regulation (12). Safe port is also relevant to agreements covered by a Commission category exemption regulation insofar as these agreements contain a so-called “excluded” restriction, i.e. a restriction which is not mentioned as a marked restriction but is not covered by the Commission`s category exemption regulation (13). Article 101 of the TFUE prohibits any agreement between companies with the purpose or effect of preventing, restricting or eliminating competition in the internal market. Where the distinction between competition restrictions with an actual purpose or purpose concerns the evidence and (…) The previous version of the vertical class exemption indicated that the buyer`s market share was relevant only to the extent that they were agreements where a supplier had designated only one buyer as a distributor for the whole of the European Union. Such agreements were relatively rare in practice, meaning that the market share of buyers has rarely been determined for the application of the vertical class exemption. However, the market share of buyers must be assessed each time the application of the vertical class exemption is considered. One consequence of the imposition of the additional market share requirement for buyers is that a significant number of agreements that had previously received secure port protection under the former vertical class exemption must now be assessed outside the vertical class exemption and in accordance with the broader provisions of the vertical guidelines. The market in question on which the buyer`s share must be assessed is that of the purchase of the contractual property and their substitutes or equivalents. If some of the lower restrictions are included in the vertical agreement (i.e.
non-competition obligations of more than five years, obligations based on the duration of competition and restrictions that require members of a selective distribution system not to store products from an identified competitor of the supplier), these restrictions may themselves be unenforceable. However, unlike the restrictions imposed on thinkers, these lower restrictions may be separated from the agreement, so that the inclusion of these lesser restrictions will not prevent the rest of the agreement from benefiting from the security of the vertical class exemption.