ROCKFORD, Ill. — Deere & Co. has agreed to settle a lawsuit brought by Federal Trade Commission and U.S. states that accused the company of illegally requiring farmers to use its authorized dealers for repairs instead of independent service providers or doing their own work.

On Wednesday the FTC and attorney generals in the 5 states filed a joint motion federal court asking the court to enter a stipulated order that would resolve the lawsuit. 

The FTC’s 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 represents the FTC’s “latest commitment to reducing the cost of living for Americans, including both farmers and downstream consumers of the products those farmers produce,” the agency said. 

“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,” added FTC Bureau of Competition Director Daniel Guarnera. 

FTC Chairman Andrew N. Ferguson issued a separate statement, joined by Commissioner Mark R. Meador.

Here’s a closer look at the settlement terms. Deere & Co. must:   

  • 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% of its authorized dealer network in the U.S;
  • 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 FTC says. The term of the order is 10 years and may be extended if Deere violates its terms.

Related Content: Ongoing Right-to-Repair Coverage