Michigan Journal of Race and Law Volume 18 2012 Race, Markets, and Hollywood's Perpetual Antitrust Dilemma Hosea H. Harvey Temple University, James E. Beasley School of Law Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Antitrust and Trade Regulation Commons, Civil Rights and Discrimination Commons, Entertainment, Arts, and Sports Law Commons, and the Law and Race Commons Recommended Citation Hosea H. Harvey, Race, Markets, and Hollywood's Perpetual Antitrust Dilemma, 18 MICH. J. RACE & L. 1 (2012). Available at: https://repository.law.umich.edu/mjrl/vol18/iss1/1 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. RACE, MARKETS, AND HOLLYWOOD'S PERPETUAL ANTITRUST DILEMMA Hosea H. Harvey* This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distributionfrom its anti- competitive beginnings through the industry's role in creating an anti-competitive, racially divided market at the end of the last century. The Article's evidence suggests that race-based inefficiencies have plagued the film distribution process and such inefficiencies might likely be caused by the anti-competitive structure of the market itself, and not merely by overt or intentional racial-discrimination.After explaining why traditional anti-discrimination laws are ineffective remedies for such inefficiencies, the Article asks whether antitrust remedies and market mechanisms mght provide more robust solutions.