William & Mary Journal of Race, Gender, and Social Justice
Abstract
“Tryna’ make a dollar out of fifteen cents” is more than a genius hip-hop lyric, it is also a metaphor for a real-life economic problem. It is extremely difficult for Black communities to build wealth in America. While many factors contribute to the lack of economic growth, one overlooked area is the ineffective enforcement of the antitrust laws. Even though race and antitrust law have a history that has intersected since the American Civil War, antitrust enforcement has never prioritized improving the welfare of Black communities or other marginalized groups. This must change!
Instead of focusing solely on regulating tech titans or on breaking up digital platform monopolies, antitrust must shift its attention toward antiracism. This Article proposes how to do just that. It begins by telling the origin story of antiracist antitrust and its historical foundation. It is the first of its kind to uncover the 19th century connection between Senator John Sherman’s work on antitrust legislation and his work on the nation’s first civil rights laws. This storytelling also uses hip-hop lyrics to honor the tradition of exploring Black economic experiences through music. This Article also discusses two critical areas overburdened with competition problems: (1) labor market participation and (2) Black-owned businesses. It then suggests reframing Robert Bork’s consumer welfare standard to the most accurate reading, which requires an assessment of harm to Black communities. This Article ends with recommendations on how to enforce the antitrust laws through an antiracism lens, which includes banning discriminatory refusals to deal under the Clayton Act. It contends that, ultimately, antiracist antitrust enforcement will increase wealth in Black communities and the national economy while also promoting more competitive markets.