For the second time this year, the Appellate Body of the World Trade Organization has issued a decision that prioritizes the competitive relationship between products subject to a technical regulation in its review of a panel’s decision. According to the Appellate Body, US labeling measures modify the conditions of competition in the US market to the detriment of Mexican tuna products by excluding most of Mexico’s tuna products from access to the “dolphin-safe” label, while granting access to most US tuna products and tuna products from other countries.
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