The case is part of broader scrutiny in the U.S. over so-called right-to-repair practices, with regulators and plaintiffs arguing that some manufacturers limit competition by controlling access to repair tools and software.

What does the settlement cover?

The settlement fund covers eligible plaintiffs who paid Deere’s authorized dealers for repairs to large agricultural equipment from January 2018, according to a document filed on Monday in the federal court in Chicago, Illinois.

In the settlement, Deere also agreed to make available to farmers for 10 years “the digital tools required for the maintenance, diagnosis, and repair” of large agricultural equipment, including tractors, combines, and sugarcane harvesters, the filing showed.

The proposed accord requires a judge’s approval.

“This settlement addresses the issues raised in the 2022 complaint and brings this case to an end with no finding of wrongdoing,” Deere said in a separate statement.

Deere faces FTC suit

Deere also faces a separate lawsuit brought by the U.S. Federal Trade Commission. A U.S. judge ruled in 2025 that Deere must face that lawsuit, which accused the company of forcing farmers to use its authorized dealer network and driving up their costs for parts and repairs.

Deere is blocking farmers from acquiring the “tools and information necessary to repair their equipment in a timely and cost-effective manner,” the FTC had said in a court filing in April. Deere has denied the wrongdoing.

— Reporting by Carlos Méndez, Mrinmay Dey in Mexico City and Mike Scarcella in Washington

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U.S. District Judge Iain Johnston in the federal court in Rockford, Illinois on Monday ruled for now to reject Deere’s effort to end the lawsuit, which was filed at the end of Democratic President Joe Biden’s administration in January.

The lawsuit alleges Deere is violating federal antitrust law by controlling too tightly where and how farmers can get their equipment repaired, allowing the Illinois-based company to charge artificially higher prices. The FTC was joined in its lawsuit by Michigan, Wisconsin and three other U.S. states.

Deere did not immediately respond to a request for comment, and the FTC declined to comment. Deere has denied any wrongdoing.

Ruling adds to legal woes

The ruling adds to Deere’s legal woes over repair services. Johnson ruled in 2023 that the company must face similar claims from crop farms and farmers that it illegally restricted maintenance and repair services through the use of authorized dealers.

The FTC and states, like the private plaintiffs, contend that Deere is abusing its market power, allowing the company to control prices and minimize competition.

Deere is blocking farmers from acquiring the “tools and information necessary to repair their equipment in a timely and cost-effective manner,” the FTC had said in a court filing in April.

‘No basis in law’

Deere countered that it does not compete in the market for repair services. The government plaintiffs filed their lawsuit “with two vague federal antitrust claims that hide the ball and have no basis in law,” Deere told the court.

The company also challenged the lawfulness of the structure of the FTC, an independent, bipartisan board that enforces antitrust and consumer protection laws. Deere alleged that restrictions against removing FTC commissioners illegally bar the president from exercising lawful oversight.

Johnston said Deere failed to show how it was harmed by the FTC’s removal procedures.

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Bill C-244 amends the Copyright Act by allowing farmers and others to bypass digital locks and access diagnostic software needed to repair machinery. Bill C-294 amends the Act to allow for increased interoperability of different technologies, including parts and computer programs, without violating copyright laws.

“After years of advocacy, these bills provide farmers the ability to repair their own equipment, ensuring the continued functionality of the advanced technology essential to modern agriculture,” said the Grain Growers of Canada (GGC) in a statement praising the passage of the legislation. “Together, these bills enshrine the right to repair, helping farmers manage their operations sustainably and independently.”

The GGC called on the provincial governments to consider similar measures in their jurisdictions.

Bill C-244 was first introduced to Parliament as a private members bill in February 2022, by Wilson Miao, the Liberal Member of Parliament for Richmond Centre in B.C. Bill C-294 was introduced by Jeremy Patzer, the Conservative MP for Saskatchewan’s Cypress Hills—Grasslands riding, in June 2022.

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An announcement this week from the federal government called for an adjustment to the Competition Act that would prevent manufacturers from refusing to provide the means of device and product repair in an “anti-competitive manner.”

That declaration came in the government’s 2023 Fall Economic Statement, released Tuesday.

Why it matters: The right-to-repair debate has been a long-fought battle on between producers and manufacturers.

Grain Growers of Canada was among those applauding the decision.

“Enabling growers to access essential tools and software for maintaining their equipment — such as tractors and combines — will foster a more equitable landscape between manufacturers and consumers,” GGC executive director Kyle Larkin said in a release.

This right to repair will enable producers to save time during critical points of the growing season, the farm group argued.

READ MORE: Right to repair still an issue

Those on the manufacturing side have been more lukewarm on right to repair.

In a webinar held by the Canada West Foundation last year, Eric Wareham of the North American Equipment Dealers Association defended manufacturers’ ability to hold certain repair tools and methods in-house. He argued that farmers already have the ability to repair 98 per cent of a piece of ag equipment.

“The two per cent we do not allow access to is our critical safety and emissions criteria functions,” said Wareham.

The association supports “the right to repair but not to modify,” he added.

Manufactures have concerns that, if given proprietary repair tools, some owners will damage their equipment by altering it.

Gaps

Although Larkin classified the announcement as a step in the right direction, he added that there needs to be more clarity as to what would and would not be included under the amendment.

“The devil is going to be in the details,” he said. “Of course, we want agriculture, equipment, tractors, combine, etc. to be included. It’s not precisely clear in the economic statement that it will be included.

The right-to-repair lobby would also like to see amendments to the Copyright Act, said Larkin.

“One of the challenges that farmers have experienced is that a lot of the time manufacturers will stand behind their intellectual property and that’s what they’ll use to not offer farmers the access to tools and diagnostics information to actually repair their equipment themselves,” he said.

“They also hold back a lot of that software from independent shops.”

Other nuggets

Beyond the right-to-repair announcement, mentions of agriculture were light in the Fall Economic Statement Nov. 21.

A search of the 141-page document for the term “agriculture” revealed only a handful of results.

Non-agriculture features of interest to farmers include plans to ease the exemption reporting requirements for the federal Underused Housing Tax (UHT), for certain classes of property and property owners.

One of the few other sections of interest for farmers referred to the use of waste biomass to generate electricity and heat.

Industries such as canola have eyed the biofuel market as a potential avenue for growth. Speaking at an early November event at the Richardson Centre for Food Technology and Research in Winnipeg, Curtis Rempel, Canola Council of Canada vice-president of crop production and innovation, noted the hype biofuels have created for the commodity.

A significant chunk of the council’s research dollars is going to processing technology to tailor canola for the new market, as well as yield to meet the anticipated demand, he told attendees.

“Biofuels seem to be taking the front-and-centre space for the oilseed sector, at least in Western Canada,” he said.

The recent economic statement says that “During the course of production, industries like forestry and agriculture generate organic by-products, such as leftover wood chips and crop residues, which have the potential to be used to generate affordable energy while also reducing emissions.”

Tax credits expanded

The statement proposed expanded eligibility for the 30 per cent Clean Technology investment tax credit, which could play into the future of the biofuel market.

“This expansion… would be available to businesses investing in eligible property that is acquired and becomes available for use on or after the date of the 2023 Fall Economic Statement,” the document read.

Another tax credit expansion would see wider eligibility for the 15 per cent Clean Electricity investment tax credit, to include systems that produce electricity or a mix of electricity and heat from waste biomass. That tax break would be available as of the date of Budget 2024 for projects that did not begin construction before March 28, 2023.

— Jeff Melchior reports for Alberta Farmer Express from Edmonton.

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The Washington, D.C.-based American Farm Bureau Federation (AFBF) on Monday announced it had reached memorandums of understanding (MOUs) with equipment firms Agco and Kubota on allowing the so-called “right to repair.”

The MOUs, reached separately with each company, follow similar pacts the AFBF made in January with Deere and Co. and in March with CNH, the maker of Case IH and New Holland equipment.

READ MORE: Deere agrees to independent equipment servicing

The agreements lay out a framework under which farmers and independent repair facilities in all 50 U.S. states and Puerto Rico would be able to access Agco and Kubota manuals, tools, product guides and information to self-diagnose and self-repair machines.

The pact also provides for support from the manufacturers to directly purchase or lease diagnostic tools and order products and parts. Farmers or independent repair shops would be able to obtain specialized tools, software or documentation from authorized repair shops on “fair and reasonable terms” via subscription or sale.

Barry O’Shea, vice-president for customer support at Agco — whose brands include Massey Ferguson, Fendt and Challenger — said in AFBF’s release that “Agco’s farmer-first focus guides us in everything we do, and we support farmers’ ability to repair the equipment they own.”

Todd Stucke, senior vice-president of marketing for Kubota, said in the same release that the company, through its dealer network, makes shop tools, parts, guides and manuals available to owners who choose to work directly on their machines.

“We strive to ensure that our equipment is manufactured to the highest engineering standards to maximize performance for our customers, and this agreement is a good step toward further protecting their safety while operating, maintaining and repairing it,” Stucke said.

The agreements emphasize that the manufacturer isn’t obliged to divulge any trade secrets, nor to allow farmers or independents to override equipment safety features or emissions controls, nor to sell tools, software or documents that either never existed or are no longer available to either the company or its authorized repair sites.

Taken together with the Deere and CNH MOUs, AFBF said the four agreements cover about 70 per cent of the farm machinery sold in the U.S.

“Farmers and ranchers urged us to find a private sector-solution to the challenges of repairing their own equipment,” AFBF president Zippy Duvall said in the same release. “These agreements represent ongoing efforts to ensure farmers have access to the tools necessary to keep their equipment running, and to keep food on the table for families across America.”

The MOUs with Agco and Kubota both took effect as of May 17. They also commit the companies and AFBF to meet at least semi-annually to assess how the MOUs are working and suggest changes as needed.

The MOUs also allow for the AFBF or either company to withdraw on delivery of written notice, but the parties agree to “co-operate in good faith” to schedule a meeting within 30 days of that notice to discuss the “ongoing viability” of the MOU.

The MOUs’ “intended beneficiaries” are farmers in the 50 U.S. states and Puerto Rico; neither agreement mentions any commitment to provide the same services to farmers outside U.S. territory. — Glacier FarmMedia Network

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The bill, which requires manufacturers such as Deere and Co. to provide manuals for diagnostic software and other aids, garnered bipartisan support as farmers grew increasingly frustrated with costly repairs and inflated input prices denting their profits.

With a Case IH red tractor displayed outside the state Capitol in Denver, Governor Jared Polis, a Democrat, signed the Consumer Right to Repair Agriculture Equipment Act.

“I am proud to sign this important bipartisan legislation that saves hardworking farmers and ranchers time and money on repairs, and supports Colorado’s thriving agriculture industry,” he said in an emailed statement. “This is a common-sense bipartisan bill to help people avoid unnecessary delays from equipment repairs.”

The legislation passed on a 46-14 vote in Colorado’s Senate earlier this month.

Once the law goes into effect on Jan. 1, farm machinery manufacturers such as Deere and rival CNH Industrial, which owns the Case IH and New Holland brands, will have to provide farmers with diagnostic tools, software and documents. Independent technicians will also be able to access similar resources.

Deere has said it believes the legislation is unnecessary and will carry unintended consequences. CNH did not respond to request for comment.

Right-to-repair legislation is gaining momentum across the country as lawmakers in 16 states have introduced bills, according to a report by the Public Interest Research Group, an advocacy organization.

Colorado farmer Daniel Waldvogle, who was present for the bill’s signing, hopes that right to repair will be a key issue for the next U.S. Farm Bill under discussion in Washington.

“Creating more fair market access through right to repair is one of the items that we hope will be included,” he said.

— Reporting for Reuters by Bianca Flowers in Chicago and Kevin Mohatt in Denver.

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The Consumer Right to Repair Agriculture Equipment Act passed 46-14 in Colorado’s Senate late on Tuesday, after winning approval in the state House of Representatives in February. The bill garnered bipartisan support as farmers grew increasingly frustrated with costly repairs and inflated input prices denting their profits.

Colorado Governor Jared Polis has 10 days to sign the bill into law and he is expected to do so, according to a spokesperson.

Equipment makers have generally required customers to use their authorized dealers for repairs to machines like combines and tractors.

Colorado’s legislation would mandate farm machinery manufacturers such as Deere and rival CNH to provide farmers with diagnostic tools, software documents, and repair manuals starting Jan. 1. Similar resources must be made available to independent technicians.

MORE READING:

• No clear-cut fix in right to repair debate
• NDP proposes ‘right to repair’ bill for farm equipment, vehicles

A spokesperson for Deere and Co. responded to the passage of the bill, saying that it support farmers’ right to repair but believes the legislation is “unnecessary and will carry unintended consequences.”

Equipment makers worry the legislation may allow farmers to override certain safety systems or emissions controls, said Eric Wareham, a North American Equipment Dealers Association vice-president.

State Representative Brianna Titone, a Democrat who sponsored the legislation, predicted other states will follow suit.

“If there are no lawsuits or collapse of the industry, it demonstrates that the law is not going to cause chaos like many opponents think it will,” Titone said.

Lawmakers amended the bill to include language that farmers and repair shops will not be authorized “to make modifications” to functions related to security or emissions.

State lawmakers are pushing right-to-repair legislation even though Deere and CNH signed a memorandum of understanding with the American Farm Bureau Federation to allow farmers to fix their equipment or go to a third-party repair shop.

The agreement does not give farmers total access for repairs, said Kevin O’Reilly, director for the campaign of right to repair at the U.S. Public Interest Research Group.

— Bianca Flowers is a Reuters correspondent covering the U.S. manufacturing sector from Chicago.

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As the agriculture sector accelerates its adoption of technology, the reliance on high-tech machinery such as GPS-guided combines and tractors has become more commonplace.

But equipment makers such as Deere have generally required customers to use their parts and service divisions for repairs and until recently, only allowed authorized dealers the means and tools to access the complex computerized systems of their tractors and other machinery.

The Farm Bureau’s memorandum of understanding with Deere “will ensure farmers everywhere are able to repair our own equipment,” Farm Bureau president Zippy Duvall said, speaking at the federation’s convention in Puerto Rico.

“This will enable you and your independent mechanics to identify and fix problems,” he said. “You will have access to the diagnostic tools and information you need. And you’ll get it at a fair and reasonable price.”

Dave Gilmore, Deere’s vice-president of ag and turf marketing, said the company looks forward to working with the farm group and “our customers in the months and years ahead to ensure farmers continue to have the tools and resources to diagnose, maintain and repair their equipment.”

The MOU aims to find a solution to the “right to repair” debate in the private sector, rather than through legislation or regulation, according to the document. It benefits farmers and independent repair facilities in the United States and Puerto Rico, for the “lawful operation and upkeep of Agricultural Equipment,” the MOU states.

The MOU states that, among other things, equipment owners and independent technicians cannot compromise any safety measures and protocols on the equipment; that Deere’s intellectual property, including its software, are protected from infringement; and no federal and state emissions control requirements can be compromised because of modifications made to the machinery.

The “right-to-repair” movement has gained steam as input costs have surged in recent years — as has the price of repairs.

For Deere and rival equipment manufacturers such as CNH and Agco, repairing machinery has given them a solid boost for their parts and services business. Consumers have filed a slew of lawsuits against Deere over the issue, and the Biden administration has been pushing for more competition in the rural economy amid rising inflation.

Duvall said Farm Bureau officials will meet regularly with Deere to discuss “solutions to the challenges farmers are facing in repairing their equipment” and said he hoped other farm equipment makers would take similar steps.

— P.J. Huffstutter reports on agriculture and agribusiness for Reuters from Chicago.

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