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24 I Why Ireland? A guide to doing business in Ireland I ByrneWallace“10 of the Top 10 “Born on theInternet” Companies50% of the world’s top banks.”Source: IDA Ireland: Ireland Update Q4 20141) That the market share of thesupplier does not exceed 30% ofthe relevant market on which it sellsthe contracted goods / services, andthat the market share of the buyerdoes not exceed 30% of the relevantmarket on which it purchases thecontracted goods;2) That the agreement does not restrictthe buyer’s ability to determine itssale price (Resale Price Maintenance),without affecting the supplier’s abilityto recommend a sale price or imposea maximum sale price;3) That the agreement does notimpose territorial restrictions on thebuyer’s ability to sell the contractgoods or services, subject to certainexemptions such as;– allowing the restriction of activessales into the exclusive territory orto an exclusive customer groupreserved for the supplier orallocated by the supplier to theanother buyer;– restricting sales to end users by abuyer operating at the wholesalelevel of trade;– restricting sales by members of aselective distribution system tounauthorised distributors withinthe territory reserved by thesupplier tooperate the system;4) That the agreement does notrestrict active or passive sales toend users by members of a selectivedistribution system operating atretail level of trade;5) That any direct or in-direct noncompeteobligation, is not ofindefinite duration and does notexceed five years.A “non-compete” obligation is definedas any direct or indirect obligationcausing the buyer not to manufacture,purchase sell or re-sell goods or serviceswhich compete with the contract goodsor services, or any an obligation on thebuyer to purchase from the supplier morethan 80% of the buyer’s total purchasesof the contract goods or services (andtheir substitutes). A non-compete whichis tacitly renewable beyond a period of5 years is deemed to be of “indefinite”duration.In the CCPC opinion, verticalagreements, that meet the conditionsof its Declaration, comply with theconditions of Section 4(5) of the Act (asper Section 2 above).