“With or Without You” Is Cute-But OEMs Need Numbers, Not Lyrics

Dec 16, 2025

Highlights

  • Squire Patton Boggs frames automakers' rare-earth dependence as a contracting problem, overlooking the metallurgical scale-up challenges in separation, metalmaking, and magnet sintering where China's advantage is most durable.
  • The law-firm piece emphasizes legal mechanics (contracts, compliance, risk allocation) while underweighting technical feasibility questions:
    • Who funds capex for processing infrastructure?
    • Can non-China suppliers meet automotive qualification volumes?
  • The article inadvertently signals that OEMs still lack bankable non-China magnet pathways, with 'rare-earth-free motors' and 'new supply deals' serving as parallel hedges rather than imminent solutions.

Squire Patton Boggsโ€™ National Law Review piece (opens in a new tab) (โ€œAt a Crossroadsโ€”Issue #1โ€) frames U.S. and European automakers as trapped between EV momentum and Chinese rare-earth dependence, then offers a lawyerly menu of โ€œstrategic optionsโ€: contracts, alliances, compliance, and risk allocation. As a high-level map of legal mechanics, itโ€™s competent. As an industrial reality check, itโ€™s incompleteโ€”and overly enamored with its metaphor.

The core premise is directionally correct: NdPr, Dy, and Tb underpin high-performance NdFeB magnets, and supply-chain concentration creates geopolitical exposure. Itโ€™s also fair to note that rare-earth-free motor architectures exist and that OEMs are exploring them. But the piece treats โ€œescaping dependenceโ€ like a contracting problem, when it is often a throughput and metallurgical scale-up problem.

The Missing Middle: Ore-to-Oxide-to-Magnet Is Where Plans Go to Die

The article glides past the hardest steps: separation, metalmaking, alloying, and magnet sinteringโ€”precisely where Chinaโ€™s advantage is most durable. A roadmap for โ€œresource agreementsโ€ is useful, but it does not answer the investor-grade questions OEMs and suppliers must price today.

Can non-China processors deliver consistent Dy/Tb specs at automotive qualification volumes under stable cost curves? Who carries the capex for solvent extraction, metalmaking, and magnet linesโ€”and what is the true time-to-qualify with Tier 1s? The piece concedes alternatives are โ€œyears away,โ€ but it doesnโ€™t quantify bottlenecks: permitting timelines, reagent supply, radioactive residue handling, and the reality that โ€œdiversificationโ€ often means moving from one choke point to another.

A Client Memo Wearing a News Hat

This is law-firm thought leadership. Its bias is structural: it foregrounds complexity that benefits legal counsel (contracts, arbitration venues, due diligence), while underweighting technical feasibility and commercial survivability. That isnโ€™t misinformationโ€”but it is a framing choice. The โ€œcase studiesโ€ are also non-verifiable, limiting readersโ€™ ability to judge whether these approaches are pilot curiosities or scalable templates.

Whatโ€™s Notable for the Rare Earth Supply Chain

The key signal isnโ€™t the checklist. Itโ€™s the admissionโ€”between the linesโ€”that OEMs are still searching for bankable non-China magnet pathways. Investors should treat โ€œrare-earth-free motorsโ€ and โ€œnew supply dealsโ€ as parallel hedges, not imminent solutions.

Source: Francesco Liberatore & Alvaro J. Mestre, Squire Patton Boggs (US) LLP, National Law Review, Dec. 16, 2025.

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