What happened
The Federal Trade Commission and five states announced a proposed antitrust settlement with Deere & Company that would require the farm equipment maker to give farmers and independent repair providers access to the same repair resources, including software capabilities, that it provides to authorized Deere dealers.
The deal resolves a joint lawsuit alleging Deere used unlawful practices to limit the ability of farmers and independent repair providers to perform repairs on John Deere farm equipment. The FTC cast the settlement as a right-to-repair win, with Bureau of Competition Director Daniel Guarnera saying it would let farmers “fix their own tractors and other farm equipment” without paying an authorized dealer to do the work.
According to the FTC and plaintiff states, Deere made the only software repair tools capable of performing all electronic repairs on Deere equipment available only to authorized dealers, forcing farmers to rely on those dealers for many needed repairs. The complaint alleged Deere unlawfully acquired and maintained monopoly power in markets for repair services for Deere farm equipment, leading to service delays and higher costs for farmers.
Under the proposed stipulated order, Deere would have to make repair resources available to farmers and independent repair providers on fair and reasonable terms, including tools for reading and resetting electronic fault codes, reprogramming electronic components, restarting machines after emissions-related shutdowns, and accessing technical manuals, troubleshooting materials and other repair guidance.
The proposed order also would require Deere to make certain future repair resources available once they are provided to more than half of its authorized U.S. dealer network. Deere would have to instruct authorized dealers to promote and support the resources and not discriminate or retaliate against farmers or independent repair providers who use them instead of dealer repair services.
The FTC said Deere would be subject to reporting and oversight requirements for 10 years, with the order subject to extension if Deere violates its terms. The Commission voted 2-0 to issue the proposed stipulated order, which was filed in the U.S. District Court for the Northern District of Illinois, with Illinois, Arizona, Michigan, Minnesota and Wisconsin joining as co-plaintiffs.
The next key procedural step is court approval. The FTC noted that stipulated orders have the force of law when approved and signed by the district judge.