5. Why was the different treatment accorded by the EC to growth-promoting hormones in beef and to the anti-microbial agents carbadox and olaquindox in piglets found to violate the prohibition on discrimination in Article 5.5 of the SPS Agreement? Explain how each of the three elements of the test for inconsistency with this provision was found to be met. Is it relevant whether beef (the product in respect of which the hormones were administered) and pork (the product in respect of which the anti-microbial agents were administered) are ‘like products’

(i.e. are in a competitive relationship)?