Following its $99 million settlement with farmers in April, John Deere reached another lawsuit settlement today over so-called right to repair of its equipment, this one with the Federal Trade Commission and five states.
The settlement requires Deere to provide farmers and independent repair providers with the same repair resources its authorized dealers have, according to the FTC and Deere.
The agreement is for 10 years and includes supervision of Deere by the FTC and the suing states: Illinois, Arizona, Michigan, Minnesota and Wisconsin. Deere will also pay the states a combined total of $1 million to cover their legal expenses.
The agreement ends the FTC and states’ lawsuit filed January 15, 2025, alleging Deere “unlawfully acquired and maintained monopoly power” by providing software repair tools only to its authorized dealers.
“Today’s settlement enables farmers to do what they’ve done for generations — fix their own tractors and other farm equipment — without having to pay an authorized John Deere dealer to do it for them,” said FTC Bureau of Competition Director Daniel Guarnera. “The settlement with Deere will help lower costs for American farmers.”
The new agreement follows Deere’s $99 million settlement reached in April to a four-year federal class-action lawsuit filed by farmers who own Deere tractors and other farm equipment.
Powered byAbout a month after that agreement, however, Deere was sued by a landscaping contractor claiming the same antitrust-law violations over its construction and forestry equipment. That case remains pending in U.S. District Court in Illinois.
Deere admitted no wrongdoing in its settlement with farmers and in the most recent agreement.
In announcing the FTC settlement, Deere said it ends the suit filed by the FTC and states and allows the company “to move forward with a continued focus on supporting its customers.” The company added that it continues to innovate in providing customers flexible repair options and increased access and transparency of its diagnostic and repair tools.
"We've said from the beginning that our focus is on helping customers keep their machines running when and how they need them," said Denver Caldwell, Deere vice president of aftermarket and customer support. "This agreement bolsters that commitment, and we're confident it will make a real difference for the people who depend on our equipment every day. We share the Administration's and the states' desire to put farmers first while preserving Deere's ability to support American agricultural productivity, equipment safety and innovation."
What the Settlement Says
The FTC voted 2-0 to issue a proposed stipulated order with the U.S. District Court for the Northern District of Illinois. The order will have the force of law when approved and signed by the District Court judge, according to the FTC.
“Deere will also be subject to strict reporting and oversight requirements to ensure its compliance with the stipulated order,” the FTC says. “The term of the order is 10 years and may be extended if Deere violates its terms.”
The FTC says the settlement calls for Deere to do the following:
- Make available to farmers and independent repair providers repair resources equivalent to those Deere now makes available to Deere authorized dealers.
- 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% 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.
- 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.
- Pay $1 million combined to the five states for their legal expenses within 30 calendar days.
- Post a notice of the FTC order on its website home page within 30 calendar days.
- Notify in writing about the order to each owner and independent repair provider that has purchased agricultural equipment, service or parts from Deere or a Deere Dealer, or submitted or had submitted on its behalf a warranty claim to Deere, in the past three years.
- File verified written compliance reports with the FTC and with each designated state representative.
For the pros and cons of right to repair, check out these episodes of The Dirt:
- Video: A Closer Look at Equipment Right to Repair — In this episode of The Dirt, host Bryan Furnace talks with Tyler Robertson, CEO of Diesel Laptops and an advocate for equipment right to repair.
- Video: Construction Equipment Industry Weighs in on Right to Repair — In this episode of The Dirt, Daniel Fisher with AED lays out manufacturers' and dealers' concerns about legislation in Congress and some states.
