Race, Markets, and Hollywood's Perpetual Antitrust Dilemma

52 Pages Posted: 11 Sep 2013 Last revised: 25 Nov 2013

See all articles by Hosea H. Harvey

Hosea H. Harvey

Temple University - James E. Beasley School of Law

Date Written: January 1, 2013


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.

Keywords: Hollywood, antitrust, race

Suggested Citation

Harvey, Hosea H., Race, Markets, and Hollywood's Perpetual Antitrust Dilemma (January 1, 2013). Michigan Journal of Race & Law, Vol. 18, No. 1, 2012; Temple University Legal Studies Research Paper No. 2013-40. Available at SSRN: https://ssrn.com/abstract=2324044

Hosea H. Harvey (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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