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The Federal Trade Commission (FTC) slapped John Deere with a repair monopoly lawsuit in Illinois federal court on Wednesday, adding to class actions accusing the company of illegally withholding access to critical repair tools from farmers. This lawsuit is filed even as Deere faces mounting public pressure and a consolidated group of proposed class actions.

The FTC's suit, joined by the attorneys general for Illinois and Minnesota, comes amid a divisive split within the commission. The agency's two Republican members, soon to hold a majority, dissented in a 3-2 vote to bring the complaint. Incoming FTC Chairman Andrew Ferguson criticized the lawsuit as premature, suggesting that ongoing settlement negotiations with Deere were still in play.

Filed in the Northern District of Illinois, the FTC's complaint alleges that Deere has forced farmers, who depend on its agricultural equipment, to use only authorized dealers for repairs. This is done through a software diagnostic tool that only dealers can access. The lawsuit follows the FTC’s disclosure in October that it was investigating Deere’s right-to-repair policies.

"By making this tool available only to Deere dealers, Deere forces farmers to turn to Deere dealers for critical repairs rather than complete the repairs themselves or choose an independent repair provider that may be cheaper, closer, faster, or more trusted," the complaint states. "Deere's unlawful business practices have inflated farmers' repair costs and degraded their ability to obtain timely repairs, which is especially critical in times of planting and harvesting."

This legal action follows a series of class actions filed by farmers, which were consolidated in the same federal courthouse in 2022. In 2023, U.S. District Judge Iain D. Johnston denied Deere’s motion for judgment on the pleadings, ruling that the plaintiffs had sufficiently pled a monopoly. The case is currently in discovery.

The FTC and state attorneys general emphasize the importance of timely, cost-effective repairs in the agricultural sector, where specific tasks need to be completed during narrow windows in the planting and harvesting seasons. In rural areas, accessibility is crucial, but Deere's repair monopoly forces farmers to either transport equipment long distances or incur additional charges for on-site repairs by dealers.

"By choosing whom to empower with a Fully Functional Repair Tool – only Deere dealers – Deere has excluded other providers of repair services from offering restricted repairs," the complaint reads. "As a result of Deere's exercise of monopoly power, Deere dealers collectively have a 100% share of restricted repairs."