FOOD & AGRICULTURE QUARTERLY | SEPTEMBER 2026 settlement may serve as a model for future enforcement efforts involving software-enabled products.
Relationship to the class action settlement
The private antitrust litigation resulted in a separate settlement. Under that agreement, Deere committed to provide owners and independent repair providers with digital repair tools for a 10-year period and agreed to establish a $ 99 million settlement fund, plus accrued interest, for the benefit of the settlement class.
On July 9, 2026, the court preliminarily approved the class settlement and directed the parties to submit briefing comparing the injunctive relief available under the class settlement and the FTC settlement by July 27, 2026. Both matters are pending before U. S. District Judge Iain D. Johnston in the Northern District of Illinois.
Key takeaways
• Right-to-repair enforcement is gaining momentum. The FTC’ s lawsuit and settlement demonstrate that regulators are willing to challenge restrictions on repair tools, software, and technical information that are perceived to limit competition in aftermarket repair markets.
• Agricultural equipment manufacturers should review repair-access policies. Companies that limit access to diagnostic tools, software updates, repair manuals, or parts may face increased scrutiny from regulators and private plaintiffs.
• Government enforcement and private litigation can create parallel exposure. Here, Deere faced both an FTC enforcement action resulting in extensive injunctive relief and a separate class action settlement that includes a $ 99 million fund for class members.
• The settlement may serve as a roadmap for future right-to-repair disputes. Agricultural, construction, and other equipment manufacturers should expect continued focus on ensuring owners and independent repair providers have access to the tools needed to maintain and repair equipment.
Jay represents agriculture producers, cooperatives, and other agribusinesses in antitrust and consumer protection matters. He can be reached at 202.778.3021 or jlevine @ porterwright. com.
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