The DNA Code for the Auto-Parts Aftermarket - a Secret Pricing Formula between Auto-Parts Manufacturers and the Major Retail Auto-Parts Chains

Initial Publication: 02/23/02; Last Update: 02/24/02 10:01

The auto-parts litigation plaintiffs now plan to seek the following documents (assuming they exist), based on their definition of "DNA Code":


"APM" or "APMs" refers to any of the manufacturers of auto parts and accessories named in the complaint.

"Covered Period" refers to 1995 to the present unless stated or implied otherwise.

"DNA Code" (a term coined by plaintiffs for purposes of this auto-parts aftermarket litigation) refers to all or any part of the following alleged components or elements of the manufacturer's price of auto parts to a defendant, and the defendant's alleged cost of buying auto parts from the defendant:

[Note: Some of the elements below are complex and need to be split into two or more DNA components.]

  1. Credit terms or conditions
  2. Early buy allowances
  3. Discount or price
  4. Advertising or promotional program or allowance
  5. Slotting allowance
  6. Endcap, display, rack or other in-house allowance
  7. Catalog or brochure or direct mail allowance
  8. Advertising or catalog artwork allowances
  9. Deductions from invoice
  10. Negotiations of disputed deductions
  11. Shared markdowns
  12. Markdowns in place
  13. Special deals
  14. Stock offers
  15. Free parts
  16. Warehouse changeover allowances
  17. Store changeover allowances
  18. Obsolescence allowances
  19. New store or store opening or closing discounts, allowances, terms, offers
  20. Gathering or entertainment allowances, fees or reimbursement
  21. Making inventory current
  22. Dealings as to stores acquired by defendants
  23. Delayed payment of invoices beyond invoice terms
  24. Cash discount
  25. Interest charges for deferred payment
  26. Return of parts, terms and conditions
  27. Defective merchandise allowances
  28. Warranty or guaranty program
  29. Volume discounts
  30. Incentive discounts
  31. Discounts across product lines
  32. Warehouse or Regional Distribution Center discounts, fees or allowances
  33. Freight allowances or rebates
  34. Other rebates
  35. Return center fees
  36. Back haul allowances
  37. New warehouse allowances
  38. Quality discounts
  39. Free trucks or other equipment from APM(s) upon the defendant's opening of a new retail store
  40. Private brands of goods with stock numbers permitting comparison to branded items of the comparable type
  41. Other fees and allowances
  42. Services provided by any APMs to defendant
  43. Lifetime or other warranty programs of defendant for which defendant obtains refund or partial refund from any APM
  44. Training or educational allowance
  45. Technology hardware and software allowance
  46. Fees for supplying information to any APMs

[end of DNA Code definition]

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