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The Appellate Body stated that this case involved de facto discrimination and drew on jurisprudence developed under Article III:4 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), which is similar to Article 2.1 of the TBT Agreement, to hold that "likeness in Article 2.1 [] is based on the competitive relationship between and among products." The Appellate Body accepted that domestic regulations may legitimately distinguish between products to serve a public health interest

Brown: He started Formula from scratch and sold it to Thunderbird in about a year

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