Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11 in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result.

1. contractors do not receive any tenders in the open or restricted procedure, or the tenders are inadequate, and on the condition that the initially defined elements of tender documentation are not basically changed,

(2) If contractors receive only inappropriate or unacceptable bids, they may continue the procedure of awarding a public contract in accordance with Article 20 above.

It was also found that the proposed categories of the product concerned in respect of which an undertaking was offered were inappropriate since there would be a significant price variation within each of them.

(2) In the procedure of awarding a public contract, contractors shall, after the reviewed and assessed the bids, reject the bids which are not correct; they may, however, reject also all inappropriate or unacceptable bids.

In the event that, in the meantime, no competing home-delivery system is authorized by the relevant Member State, the Commission will reconsider whether separation of accounts is sufficient to avoid improper practices and will assess whether such joint provision does not result in a limitation of the potential supply of transmission capacity at the expense of the services providers in the relevant area, or whether further measures are warranted.

It was also found that the proposed categories of the product concerned in respect of which an undertaking was offered were inappropriate since there would be a significant price variation within each of them.

Abusive discrimination can take many different forms, such as discriminatory pricing, delays in granting access or delays in remedying technical problems related to the access, the technical configuration of the access and in the specific case of local loop access (e.g. if access does not include operating system and support services or other functions used by the incumbent to offer services via the local loop), discrimination in the terms on which collocation is (or is not) offered.