It is bone-chillingly cold throughout the Midwest, yet the Right to Repair issue is heating up once again.
Farm Journal Washington correspondent Jim Wiesemeyer learned early Wednesday morning that the U.S. Federal Trade Commission (FTC) is filing a lawsuit against Deere & Co. for allegedly violating U.S. competition laws.
The lawsuit was filed on Jan. 15, 2025, in U.S. District Court for the Northern District of Illinois Western Division. You can review the redacted filing by clicking here.
Update (6:31 pm CST): John Deere has released a statement vowing to fight the lawsuit, characterizing the FTC’s claims as “baseless” and “meritless.” It can be viewed here.
Wiesemeyer shared the following summary of key points from Deere’s response:
- Commitment to repair access: John Deere emphasized its long-standing dedication to customer self-repair, noting its history of publishing manuals, selling parts directly, and providing digital tools like Customer Service ADVISOR.
- Defense of innovation: The company stated that the lawsuit “punishes innovation and pro-competitive product design.”
- Settlement efforts: John Deere disclosed ongoing settlement negotiations with the FTC prior to the lawsuit and criticized the agency for relying on “inaccurate information and assumptions.”
- Recent initiatives: Highlights included the launch of Equipment Mobile in 2023, upcoming upgrades to the John Deere Operations Center, and a pilot program to enhance farmer’s repair options.
RELATED: What Does Right to Repair Really Mean?
What happens next?
According to a post at FTC.gov, once the agency files a lawsuit the respondent – in this case, John Deere – has the right to contest the charges. FTC may then issue a final order, which can be appealed to the courts. The agency may also seek civil (i.e. financial) damages or request an injunction against Deere.
According to the Jan. 15 filing, Plaintiff’s counsel has asked for an injunction against John Deere. The lawsuit requests “a permanent injunction and other equitable relief against Deere to prevent its unlawful conduct in or affecting commerce in violation of Section 5(a) of the FTC Act” along with several state statutes in Illinois and Minnesota.
Farm Journal has reached out to its contacts in the ag law realm to find out what the implications are if an injunction is granted against Deere in Illinois and Minnesota, and what that would mean for Deere customers in those states. We’ll update with more information as soon as we have it.
Why is FTC filing against Deere?
Reuters and other news sources confirm the agency has been actively investigating John Deere since 2021.
Weisemeyer has been following the situation closely. He has learned the agency claims Deere’s equipment design often necessitates proprietary software available only to authorized dealers, which in turn limits farmers and independent repair shop’s ability to perform repairs.
Deere had previously agreed in January 2023, through an accord with the American Farm Bureau Federation, to expand access to its repair tools, but according to Weisemeyer and reporting from Bloomberg, concerns over compliance with that agreement persist.
According to reporting from online publication Agriculture Dive, a court last year ruled against the heavy equipment giant’s bid to dismiss a similar lawsuit from a group of farmers.
In yet another twist in this ongoing saga, FTC Commissioner Andrew N. Ferguson has issued a dissenting opinion, which is cosigned by FTC Commissioner Melissa Holyoak. President Trump announced on Dec. 10 that Ferguson will serve as the new Chair of the FTC under his administration.
You can review that dissenting opinion here.
Deere’s news release on expanding self-repair solutions
On Jan., 14, 2025, John Deere issued a news release outlining its commitment to expanding access to various digital tools and resources to help independent repair technicians and farmers diagnose equipment and make repairs.
The full statement is posted to Deere’s online newsroom.
The statement details what Deere calls its “Commitment to Repairability” and includes a list of tools that are available today to “support customers throughout their machine ownership and repair journey.”
Deere also writes that a “latest addition to Deere’s suite of digital solutions will further empower customers and independent repair technicians by, among other things, enabling them to reprogram Deere-manufactured electronic controllers.” The new capabilities are being integrated into the John Deere Operation’s Center, Deere adds, and will “offer more comprehensive solutions for diagnosing and repairing equipment while ensuring machine reliability, safety, and compliance.”
The manufacturer also says it will have additional announcements regarding a “customer and independent repair technician pilot” which is due to launch in the U.S. and Canada by the second half of 2025.
The news release directs interested parties to visit Deere.com/repair for more information.
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