Interpretation of “Like Products” in SCM Agreement based on the Critical Study of WTO Decisions on Boeing-Airbus Disputes

The specific coverage of obligations under the SCM Agreements hinges upon the definition and resulting scope of “like products”. While this subject is certainly one of the most fundamental issues in the field of SCM Agreement, its blurring boundary has not been clarified yet. This article discusses a conceptual view of the like products definition based on a comprehensive analysis of Boeing-Airbus disputes cases and textual interpretation of SCM Agreement. This article shows that determination of the “likeness” under the SCM Agreement should conform to notes 46 of SCM Agreement. More importantly,“like products” should be assessed from the perspective of “competition relationship of products in the relevant markets”.