|
MADISON, Wis. – The Wisconsin Department of Justice (DOJ) along with the Federal Trade Commission (FTC) and four other states, secured an important settlement in an antitrust lawsuit against farm equipment manufacturer Deere & Company that will advance farmers’ right to repair their own John Deere tractors and farm equipment.
The 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.
The settlement resolves the joint lawsuit against Deere, which alleged that Deere used unlawful practices to limit the ability of farmers and independent repair providers to perform repairs on Deere farm equipment.
“Farmers shouldn’t have to go to a dealership to have repairs made to their farm equipment,” said AG Kaul. “This settlement will mean that farmers have more options in many circumstances in which repairs are needed to their John Deere equipment.”
As alleged in the joint lawsuit, Deere makes the only software repair tools capable of performing all electronic repairs on Deere equipment. As further alleged, Deere, however, has previously made such tools available only to its authorized dealers, forcing farmers to rely on authorized dealers for many necessary repairs, according to the lawsuit filed in January 2025. By withholding these repair capabilities, the complaint alleged Deere unlawfully acquired and maintained monopoly power in markets for repair services for Deere farm equipment. Deere’s practices led to service delays and higher costs for farmers, the complaint further alleged.
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. Equipment owners and independent repair shop operators are encouraged to contact our office with questions about the settlement.
The order was filed in the U.S. District Court for the Northern District of Illinois. Joining Wisconsin DOJ and the FTC in the proposed order are the states of Illinois, Arizona, Michigan, and Minnesota.
|
