A judge ruled that John Deere must face a lawsuit from the Federal Trade Commission and five states over its tractor and agricultural equipment repair monopoly, and rejected the company’s argument that the case should be thrown out. This means Deere is now facing both a class action lawsuit and a federal antitrust lawsuit over its repair practices.
The FTC’s lawsuit against Deere was filed under former FTC chair Lina Khan in the final days of Joe Biden’s presidency, but the Trump administration’s FTC has decided to continue to pursue the lawsuit, indicating that right to repair remains a bipartisan issue in a politically divided nation in which so few issues are agreed on across the aisle. Deere argued that both the federal government and state governments joining in the case did not have standing to sue it and argued that claims of its monopolization of the repair market and unfair labor practices were not sufficient; Illinois District Court judge Iain D. Johnston did not agree, and said the lawsuit can and should move forward.
Johnston is also the judge in the class action lawsuit against Deere, which he also ruled must proceed. In his pretty sassy ruling, Johnston said that Deere repeated many of its same arguments that also were not persuasive in the class action suit.
“Sequels so rarely beat their originals that even the acclaimed Steve Martin couldn’t do it on three tries. See Cheaper by the Dozen II, Pink Panther II, Father of the Bride II,” Johnston wrote. “Rebooting its earlier production, Deere sought to defy the odds. To be sure, like nearly all sequels, Deere edited the dialogue and cast some new characters, giving cameos to veteran stars like Humphrey’s Executor [a court decision]. But ultimately the plot felt predictable, the script derivative. Deere I received a thumbs-down, and Deere II fares no better. The Court denies the Motion for judgment on the pleadings.”
Johnston highlighted, as we have repeatedly shown with our reporting, that in order to repair a newer John Deere tractor, farmers need access to a piece of software called Service Advisor, which is used by John Deere dealerships. Parts are also difficult to come by.
“Even if some farmers knew about the restrictions (a fact question), they might not be aware of or appreciate at the purchase time how those restrictions will affect them,” Johnston wrote. “For example: How often will repairs require Deere’s ADVISOR tool? How far will they need to travel to find an Authorized Dealer? How much extra will they need to pay for Deere parts?”
You can read more about the FTC’s lawsuit against Deere here and more about the class action lawsuit in our earlier coverage here.
