Issue link: https://read.dmtmag.com/i/1541014
What To Do Now: 90-Day Action Plan The time is ripe for the aftermarket to extend and secure an enduring victory against the OEMs. The following is an overview of what companies can do now to ensure that they will be in the best position to enforce their rights in what is a quickly changing landscape. Companies should conduct a comprehen- sive internal inventory of their equipment, diagnos- tic tools, and software dependencies. This process should identify every instance where access to OEM systems, calibration tools, or telematics data is lim- ited or conditioned on manufacturer authorization. Businesses should catalogue each vehicle or equip- ment SKU, software version, and telematics subscrip- tion, documenting where diagnostic codes cannot be cleared, firmware cannot be installed, or parts pairing prevents full repairs. Likewise, aftermarket parts sup- pliers to detail every instance where they were unable to sell their parts due to OEM restrictions on compe- tition. This foundational audit can help to establish both a compliance record and a roadmap for restoring operational independence. Document and Diagnose Close Access Gaps and Renegotiate Next, companies should focus on closing access gaps and renegotiating contractual relationships. In particular, companies should evaluate which diag- nostic tools require secure gateway authorization or updated cybersecurity protocols, and invest in the upgrades necessary to maintain compatibility with current vehicle systems. Companies should then work with counsel to renegotiate contracts with suppliers, OEMs, and service partners to include explicit right to repair clauses. These provisions should guarantee full diagnostic and calibration access, require fair and non-discriminatory parts pricing, and preserve data portability rights. Where feasible, firms should amend existing agreements to add continuity protections, such as escrowed access to software and tools if the OEM withdraws support. These negotiations should be explicit, in writing, and preserved—developing a record to show OEM intransigence on right to repair issues and reliance on "take it or leave it" contract- ing will be important down the line in any effort to enforce the company's rights. Parallel to this effort, leadership teams should launch employee training programs that emphasize secure repair workflows, emissions compliance, and data privacy—ensuring that all service operations meet both legal and cyber- security standards. Engage, Enforce, & Lead Finally, aftermarket participants should shift their focus from internal readiness to external engagement and enforcement. This means collaborating with industry associations and policymakers to support pending state and federal right to repair initiatives, including the federal REPAIR Act. Companies should compile real-world data on equipment downtime, repair delays, and costs resulting from OEM restrictions, then share those findings through trade associations and public comment processes. Simultaneously, firms should consult experienced anti- trust and regulatory counsel to evaluate potential litigation or administrative options—including complaints to the FTC or state attorneys general—to challenge OEM exclusionary and predatory practices. * * * * * Enforcement and litigation are finally catching up to the realities of OEM repair monopolies. With regulators, courts, and legislatures all starting to recognize the important of aftermarket competition, now is the time to act. IDA Universal Nov - Dec 2025 32