Race, Markets, and Hollywood's Perpetual Antitrust Dilemma
Hosea H. Harvey
Temple University - James E. Beasley School of Law
January 1, 2013
Michigan Journal of Race & Law, Vol. 18, No. 1, 2012
Temple University Legal Studies Research Paper No. 2013-40
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 distribution from 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 might provide more robust solutions.
Number of Pages in PDF File: 52
Keywords: Hollywood, antitrust, race
Date posted: September 11, 2013 ; Last revised: November 25, 2013
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