ABSTRACT
This chapter describes both the United States and the Community position. It focuses on a theoretical analysis of the problem, its different layers and the different solutions that are required. The chapter examines the evaluation of the agreement and of alternative approaches as solutions to the extraterritoriality conflict. The issue of the extraterritorial application of competition law provisions has given rise to different approaches on both sides of the Atlantic. Extraterritoriality almost became a synonym for conflict in the competition law field. The fact that the agreement obliges the Commission to take action at the request of the United States authorities is rather more important. The agreement does not alter the basis on which extraterritorial jurisdiction is being taken. It does not eradicate the general conflict. It is clear that there is a conflict concerning the extraterritorial application of competition law. Co-operation agreements such as the shaky European Commission (EC)-US agreement do not provide an adequate solution.
