FTC Takes Deere & Co. In the new fight for the right to repair

16
Jan 25
By | Other

In the latest crackdown by US authorities on unfair repair practices, the FTC is suing major farm equipment manufacturer Deere & Company for preventing farmers from easily fixing their machinery.

“..for decades, Deere’s illegal practices have limited the ability of farmers and independent repair providers to repair Deere equipment, forcing farmers to rely on Deere’s network of authorized dealers for necessary repairs.

“This unfair driving practice has boosted Deere’s multi-billion dollar profits on farm equipment and parts, growing its repair parts business by charging farmers with higher repair costs,” the FTC alleges.

The complaint centers on a Deere software repair tool, known as Service ADVISOR, that is required to perform certain repairs. The tool is only available to authorized repair shops, which means Deere has overall control over who repairs its equipment. As agricultural equipment becomes more computerized, repairs have become increasingly complex, requiring specialized knowledge and tools.

The FTC argues that for users, this has meant higher and more complex repair costs, which has benefited Deere financially. We’ve seen the same practice from Apple with its part-pairing policy, which it reversed last year after pressure from lawmakers.

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Deere, however, argues that it is expanding its self-repair options for customers and that the FTC has misinformed the farm equipment industry.

“Our recent discussions with the Commission revealed that the agency still lacked basic information about John Deere’s industry and business practices and confirmed that the agency was relying on inaccurate information and assumptions,” Denver Caldwell, vice president of aftermarket and support for the customer. is explained.

The FTC’s lawsuit is the latest move in a long battle between Deere, farmers and lawmakers. A 2017 Vice documentary showed that Nebraska farmers had turned to using pirated software from Eastern Europe to overcome software bottlenecks in hardware.

A new Deere take on a familiar fight

2025 is already a successful year for right to repair activists. Not only because of the FTC lawsuit, but also because Oregon’s right-to-repair law went into effect on January 1st.

Signed into law last March by Oregon Governor Tina Kotek, the bill requires companies to make open tools, documents and parts accessible and not just limited to authorized repair shops. It went further than similar California repair legislation because it was the first to prohibit the pairing of parts.

Soon after, Apple — a company that used parts that paired in some of its devices — announced that it would change its policy with the iPhone 16. It did so by removing the need for parts to be verified by a calibration tool that had previously been only available at Apple and authorized repair shops.

While Apple eventually capitulated to the legislation, Deere & Company may have a way out through President Trump’s new pick for FTC chairman and current FTC commissioner Andrew Ferguson, who voted against Deere’s lawsuit. Ferguson did not hold back in his statement of objection.

“Given the timing of this filing, today’s action appears to be a hasty move to defeat President Trump in office and gives the lawsuit the stench of partisan motivation.” Further, “The Commission should not waste taxpayer resources on a lawsuit based on an evidentiary record as undeveloped as this one.”

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