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JUUL Labs share of the combined cigarette market and JUULpod market has grown from just over 1 percent in January to 6 percent for the month of November using the average IRI and Nielsen data

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It explained that "the concept of 'like products' serves to define the scope of products that should be compared to establish whether less favourable treatment is being accorded to imported products." 41 The Appellate Body "consider[ed] that the determination of likeness under Article 2.1 of the TBT Agreement, as well as under Article III:4 of the GATT 1994, is a determination about the nature and extent of a competitive relationship between and among the products at issue." 42 Regulatory concerns behind a technical regulation may nonetheless play a role in the likeness determination "[t]o the extent that they are relevant to the examination of certain 'likeness' criteria and are reflected in the products' competitive relationship." 43 As explained below, however, regulatory concerns primarily relate to analyzing less favorable treatment