Examples abound. In a famous antitrust case involving Clorox, the Supreme Court said that “all liquid bleach is identical.”68
But the factual finding in the very same case was that “Clorox employed superior quality controls” and that some brands of liquid bleach “varied in strength” from one to another69 — a fact of no small importance to users considering how much is enough and how much will ruin their clothes. It may well be that there are other brands of liquid bleach absolutely identical to Clorox but the knowledge of which ones they are is not a free good, and whether the uncertainty of a variation is worth the price difference is not a question that must be settled once and for all by third party observers, since consumers find various brands sitting side by side on supermarket shelves. In another well-known antitrust case, competing pies were considered by the Supreme Court as being “of like grade and quality” despite one pie company’s “unwillingness to install quality control equipment,” to meet the competition of its more successful rival.70 Undoubtedly a photograph taken with a press camera produced by the Graflex Corporation, which dominated that market, would have been wholly indistinguishable from a photograph taken with any number of other cheaper press cameras,Sometimes the difference in consumer preference as between products is not due to the characteristics of the products so much as it is due to differences in the