Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul, in partnership with the Federal Trade Commission (FTC) and a coalition of five attorneys general, today announced a settlement in their antitrust lawsuit against Deere and Company (Deere), resolving allegations the farm equipment manufacturer used unlawful practices to limit the ability of farmers and independent repair providers to perform repairs on Deere farm equipment.

“For years, Deere refused to give farmers the right to repair equipment they had already purchased, funneling them instead to their network of authorized dealers. This setup increased the price of farming equipment during an increasingly volatile time for America’s farmers,” Raoul said. “I am pleased with today’s settlement, which represents a step in the right direction toward increased marketplace competition and decreased costs for Illinois farmers.”

Historically, farmers have sought to repair their own equipment or relied on local, independent repair providers, which have offered various advantages over authorized Deere dealers including lower costs, better reliability and faster repair times. Yet with the increasing computerization of Deere’s equipment over the past few decades, farmers must now rely on Deere’s interactive software tool called Service ADVISOR, which Deere made available only to its authorized dealers.

By withholding these repair capabilities, Raoul and the coalition alleged in their lawsuit that Deere unlawfully acquired and maintained monopoly power in markets for repair services for its farm equipment. Deere’s practices led to service delays and higher costs for farmers, their complaint further alleged.

Under the terms of today’s settlement, Deere is required to: 

• Make repair resources – equivalent to those Deere now makes available to Deere dealers – available to farmers and independent repair providers on fair and reasonable terms for the next 10 years, including:
  • Reading, clearing and resetting electronic fault codes and reprogramming of electronic components (including “pairing” newly installed electronic parts with equipment).
  • Restarting a machine following an emissions-related shutdown (commonly referred to as “limp mode”).
  • Viewing and searching technical manuals, troubleshooting solutions (including so-called “product improvement programs” and “DTAC solutions”), and other guidance and information useful for equipment diagnosis, maintenance, repair or upgrade.
• Make any future repair resources that are similar or reasonably necessary for repairs available to farmers and independent repair providers once Deere makes them available to over 50% of its authorized dealer network in the U.S.
• Instruct its authorized dealers to promote the availability of these repair resources and support their use, and not to discriminate or retaliate against any farmers or independent repair providers who purchase or use such resources rather than dealer repair services.
• Provide notice to the public, to Deere’s farmer and independent repair provider customers and to its authorized dealers information about the stipulated order and the availability of Deere’s repair resources. 

The settlement also requires strict reporting and oversight requirements to ensure Deere’s compliance with the stipulated order, which lasts 10 years and may be extended if Deere violates its terms. Farmers and independent repair providers can report concerns with Deere’s compliance with this settlement to Raoul’s Antitrust Bureau at (312) 814-3000 or antitrust@ilag.gov. 

Joining Raoul in filing the lawsuit was the FTC and the attorneys general of Arizona, Michigan, Minnesota and Wisconsin.