AED fights back against federal right-to-repair provisions

The Associated Equipment Distributors is sounding the alarm over recent legislative efforts that could drastically shift the landscape for equipment dealers. According to Daniel B. Fisher, AED’s senior vice president of government and external affairs, “right-to-repair amendments have been attached to both the House and Senate versions” of the National Defense Authorization Act, posing what he describes as a “continuing threat to the equipment industry.”

Traditionally focused on defense priorities, the AED says that the NDAA is being used to push right-to-repair mandates under the pretense of military readiness.

“This is no time to take victory laps or be lulled into complacency,” Fisher warned, noting that recent amendments — like Rep. Maggie Goodlander’s requirement for defense contractors to provide “fair and reasonable access to all the repair materials” — echo what he says are dangerous legislative trends seen at the state level.

The concern, AED argues, is that these standards, though framed around national defense, could quickly bleed into agriculture, construction, and off-road equipment sectors.

“Major weapons systems today can easily become agriculture and construction equipment tomorrow,” Fisher said. “Stopping this misguided provision should be a principal objective for anyone opposing the proliferation of right to repair mandates.”

Meanwhile, a recent federal ruling in the John Deere antitrust lawsuit highlights how contentious the right-to-repair debate has become. A judge denied the Federal Trade Commission’s request for access to Deere’s comprehensive Dealer Financial Analysis dataset, a move that plaintiffs believed would reveal monopolistic practices in repair services.

Judge Iain Johnston ruled that “Deere has essentially already produced the information,” and the DFA data was not proportional to the needs of the case. The core issue remains Deere’s tight control over proprietary diagnostics like its Service ADVISOR platform, which plaintiffs argue locks out independent repair providers.

The lawsuit, backed by the FTC and five states, claims Deere’s practices violate antitrust laws. Still, Deere contends it has “already made necessary information available” and maintains that its repair restrictions are essential for “quality and safety.”

AED’s warns that the right-to-repair policy, whether pushed through federal legislation like the NDAA or challenged in court, represents a direct threat to free-market practices and dealer autonomy. Fisher urges equipment dealers not to sit on the sidelines: “Remaining neutral in the face of these anti-free market proposals is a slippery slope.”