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The Battle is “On” – John Deere Fires Back at FTC Lawsuit

Original Source: DNT

LINCOLN, Neb. (DTN) — John Deere Company said it would defend itself “vigorously” against a new Federal Trade Commission (FTC) lawsuit that alleges the company violates antitrust laws in not giving farmers and independent repair shops all the necessary diagnostic tools to repair tractors and combines, in a lengthy and rare public response provided to DTN late on Wednesday.

The FTC was joined by attorneys general from Illinois and Minnesota in filing the lawsuit in the U.S. District Court for the Northern District of Illinois.

The lawsuit asks the court to order Deere to make available to owners of Deere large tractors and combines, as well as independent repair shops, access to its “fully functional Service ADVISOR repair tool and any other repair resources available to authorized dealers.”

The FTC also asks the court for a permanent injunction against Deere.

Late on Wednesday, Deere fired back in a public statement.

“This lawsuit, filed on the eve of a change in administration, ignores the company’s long-standing commitment to customer self-repair and the consistent progress and innovation we have made over time, including the launch of Equipment Mobile in 2023 and the previously announced launch of new capabilities for John Deere Operations Center later this year,” the company said.

“The complaint is based on flagrant misrepresentations of the facts and fatally flawed legal theories and it punishes innovation and procompetitive-product design. John Deere will vigorously defend itself against this baseless lawsuit.”

Deere said in the statement that it was under the impression the FTC was still investigating and that “as recently as last week, John Deere was still receiving questions” from the agency.

“It is extremely disappointing that three commissioners of the FTC chose to file a meritless lawsuit on the eve of the transition to a new administration,” said Denver Caldwell, vice president of aftermarket and customer support for John Deere.

“Our recent discussions with the commission have revealed that the agency still lacked basic information about the industry and John Deere’s business practices and confirmed that the agency was instead relying on inaccurate information and assumptions.”

The company said the lawsuit was filed while negotiations were ongoing with the FTC.

“Consistent with Deere’s announced plans for the launch of additional self-repair capabilities and at commission staff’s invitation to enter settlement discussions, the parties were engaged in active negotiations over a potential resolution to the investigation when the FTC filed the lawsuit,” Deere said on Wednesday.

“As our equipment has become more technologically advanced, Deere has introduced a number of new innovations, tools and resources to equip customers and independent repair technicians with the maintenance and repair needs of our equipment. Deere remains fully committed to ensuring that customers have the highest quality equipment, reliable customer service and that they, along with independent repair technicians, have access to tools and resources that can help diagnose, maintain and repair our customers’ machines.”

John Deere pointed to comments made by current FTC commissioner and President Donald Trump’s incoming FTC chairman Andrew Ferguson, who said on Wednesday that the commission’s 11th-hour lawsuit “lends to the suit the stench of partisan motivation” and appears “taken in haste to beat President Trump into office.”

Ferguson said he believes the FTC “simply do not have the evidence to file this complaint with any real confidence” in winning the lawsuit. Commissioner Melissa Holyoak joined Ferguson’s dissenting statement.

NEW DEERE REPAIR TOOLS

Earlier this week, John Deere announced what is said to be “another significant step forward” in supporting customers’ ability to maintain and repair their machines across the agricultural and construction industries. New capabilities are expected to be integrated into the John Deere Operations Center, according to the company.

“John Deere has a long-standing commitment to enhancing our customers’ ability to repair their equipment,” Caldwell said in a statement.

“Consistent with that commitment, we’ve continued to deliver new and enhanced solutions designed to improve that experience. As our equipment has become more technologically advanced, so too have the repair tools needed to advance customer capabilities.”

For years, Deere said it has invested in “enhanced solutions and is excited to take the next step as we continue to gather feedback from customers” through the development process to complete our pilot.

“The customer and independent repair technician pilot will set the stage for launch in the U.S. and Canada by the second half of 2025,” the company said.

The next phase of diagnostic tools expansion, Deere said, is expected to provide a “more user-friendly, centralized platform” for self-repair.

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