The Federal Trade Commission announces an important settlement in an antitrust lawsuit against farm equipment manufacturer Deere & Company.
The FTC says the settlement will ensure farmers across the nation can enjoy the right to repair their own John Deere tractors and farm equipment.
This settlement requires Deere for the next 10 years and under the supervision of the FTC and plaintiff states to provide farmers and independent repair providers with the same equipment repair resources, including applicable software capabilities, that it currently provides to authorized Deere dealers.
Under the terms of the stipulated order settling the lawsuit, Deere will be required to:
- Make available to farmers and independent repair providers, on fair and reasonable terms, repair resources equivalent to those Deere now makes available to Deere dealers including:
- Reading, clearing and resetting electronic fault codes;
- Reprogramming of electronic components (including “pairing” newly installed electronic parts with equipment);
- Restarting a machine following an emissions-related shutdown (commonly referred to as “limp mode”); and
- Viewing and searching technical manuals, troubleshooting solutions (including so-called “product improvement programs” and “DTAC solutions”) and other guidance and information useful for equipment diagnosis, maintenance, repair or upgrade.
- Make available to farmers and independent repair providers any future repair resources that are similar or reasonably necessary for repairs, once Deere makes them available to over 50 percent of its authorized dealer network in the United States;
- Instruct its authorized dealers to promote the availability of these repair resources and support their use, and not to discriminate or retaliate against any farmers or independent repair providers who purchase or use such resources rather than dealer repair services; and
- Provide notice to the public, to Deere’s farmer and independent repair provider customers and to its authorized dealers information about the stipulated order and the availability of Deere’s repair resources.
Deere will also be subject to strict reporting and oversight requirements to ensure its compliance with the stipulated order.
The term of the order is 10 years and may be extended if Deere violates its terms.
