Furthermore, in its 2003 decision on the Yamaha, the Commission found that “the distribution agreements in question, by limiting sales outside the territory and limiting the distributor`s ability to determine its resale prices, complement each other and pursue the same objective of artificially maintaining price differences in different countries.” The previous version of the vertical class exemption indicated that the buyer`s market share was relevant only to the extent that these were agreements where a supplier had designated only one buyer as a distributor for the EU as a whole. 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. Where the other conditions of the vertical category exemption are met (including the market share of suppliers and buyers less than 30%), provided that the restrictions apply only to active sales (i.e. do not restrict passive or unsolicited sales) and the restrictions apply only to sales in areas attributed exclusively to another buyer (or supplier itself) , these agreements fall within the Safe Harbor, created by the vertical category exemption. As such, they are not considered a violation of Article 101. Where restrictions are placed on active sales in areas reserved exclusively for another buyer (or the supplier itself) in agreements between a supplier or buyer with a market share of more than 30%, these agreements do not fall within the scope of the vertical class exemption, but may nevertheless benefit from an individual exemption under Article 101. paragraph 3.