Issue link: https://read.dmtmag.com/i/1541014
IDA Universal Nov - Dec 2025 14 RIGHT TO REPAIR 28 RIGHT TO REPAIR: DEFENDING ACCESS, COMPETITION, AND UPTIME IN AFTERMARKETS by Ethan E. Litwin Shinder Cantor & Lerner Access Competition Enforcement The right to repair is about ensuring that owners, operators, and independent service providers have fair access to the diagnostic tools, software, and replacement parts they need to keep ve- hicles running. When OEMs lock down critical data or restrict tools to their dealer networks, fleets sit idle. Downtime grows, costs spike, and aftermarket distributors are pushed out of markets they have supported for decades. The stakes are especially high in the heavy duty sec- tor, where equipment uptime drives productivity, safety, and profitability. As embedded soft- ware and telematics permeate modern trucks and agricultural equipment, OEMs increasingly defend restrictions as "safety," "emissions," or "cybersecurity" necessities. The core principle is simple: if you own it, you should be able to repair it—or choose who does. The Regulatory and Litigation Landscape The FTC's Nix the Fix The FTC's Nix the Fix ini- tiative originated from a se- ries of public complaints and congressional inquiries in the late 2010s, which raised con- cerns that manufacturers were using digital locks, restrictive warranties, and proprietary software to monopolize repair markets. In 2019, the FTC launched an extensive inves- tigation into these practices, holding a public workshop titled Nixing the Fix: A Work- shop on Repair Restrictions to examine how limitations on repair information, parts, and tools were affecting con- sumers, small businesses, and competition. The hearings brought together automakers, agricultural equipment manu- facturers, independent repair shops, consumer advocates, and economists to explore whether existing laws were sufficient to protect open repair markets. Over several sessions, in- dependent repairers, farm- ers, and consumer groups testified that manufacturers were increasingly embedding software locks and telematics systems that prevented even routine repairs without OEM authorization. Participants presented evidence show- ing that restricted access to diagnostic tools and manuals led to higher costs, longer downtimes, and wasteful product replacement cycles. Independent mechanics and parts distributors emphasized that, in the heavy equipment space, downtime is more than inconvenience—it is lost rev- enue per hour. One witness told the Commission, "When a combine sits idle during harvest because a code can't be cleared, that's tens of thousands of dollars in the dirt every day." Manufactur- ers defended their practices by citing safety, emissions, and cybersecurity concerns, but the record showed that these risks were largely hy- pothetical and often overstat- ed. Economists and antitrust experts also warned that repair restrictions could amount to exclusionary con- duct under the antitrust laws. In May 2021, the FTC sub- mitted its Nix the Fix report to Congress, concluding there was "scant evidence" that manufacturer-imposed repair restrictions were nec- essary to protect consumers or maintain product safety. The agency found that these restrictions primarily served to reduce competition in aftermarkets, increase costs for consumers, and stifle innovation among indepen-