A Northern Florida federal class-action lawsuit is among the cases challenging John Deere’s “illegal monopoly” in the farm equipment repair market that have been consolidated in Illinois.
The Colvin Farms v. Deere & Company lawsuit, which was filed in the Northern District of Florida last month, is being transferred to the Northern District of Illinois, where Deere & Company antitrust litigation is being consolidated, according to a conditional transfer order approved by the U.S. Judicial Panel on Multidistrict Litigation.
The computerized systems that new John Deere agricultural products are equipped with, called engine control units (ECUs), have led the company to monopolize the market for repair and maintenance of its equipment, the plaintiff’s complaint states.
“Deere has deliberately monopolized the market for repair and maintenance services of its agricultural equipment with ECUs … by making crucial software and repair tools inaccessible to farmers and independent repair shops,” the antitrust lawsuit states.
The company, however, contends that it has sought to empower its customers for nearly two centuries to maintain and fix their own machinery, a Deere statement emailed to the Florida Record says. Tools, parts, repair videos, product manuals and remote-access technologies have all been provided to customers who want to make their own repairs, according to the company.
“While we support each customer’s right to maintain and repair their products, we do not support customers modifying embedded software due to risks related to safety, emissions compliance and the uncertainty it creates in the aftermarket,” the John Deere statement says.
John Deere dealers also provide technology support that analyzes, clears and refreshes diagnostic trouble codes to deal with issues that come up with its products, according to the company.
But the class action alleges that the repair services market for the company’s equipment is three to six times more profit-generating than the sale of the original product.
“By making the software, for all practical purposes, unavailable, Deere has succeeded in foreclosing competition in the multibillion-dollar Deere Repair Services Market,” the lawsuit says.
The nonprofit U.S Public Interest Research Group (USPIRG) supports efforts to give consumers the “right to repair” products they purchase. Restricting access to software can force farmers to become dependent on dealerships to fix their equipment, the group reports, leading to delays and high repair bills.
“With fields to be plowed, planted and harvested, farmers don’t have the time to wait for a dealer,” USPIRG reports.