Contracting Around the Antitrust Laws: 
The Automotive Supply Chain Example

The automotive supply chain is complex, distinctive and, susceptible to antitrust, particularly bid-rigging, conspiracies, as illustrated by the Auto Parts Antitrust Litigation, an unprecedently expansive conspiracy to bid rigs for many scores of components by many scores of sellers. In response, two U.S. auto manufacturers, Ford and FCA, have added antitrust specific provisions to their purchasing terms and conditions to better protect themselves against such conspiracies. FCA’s provision is