The Associated Equipment Distributors (AED) has reacted to President Biden's executive order, part of which encourages the Federal Trade Commission (FTC) to "limit equipment manufacturers from restricting people's ability to use independent repair shops or do DIY repairs."
Specifically, the executive order urges the FTC Chair to consider working with the rest of the Commission to exercise the FTC's statutory rulemaking authority to address “unfair anti-competitive restrictions on third-party repair or self-repair of items, such as the restrictions imposed by powerful manufacturers that prevent farmers from repairing their own equipment.”
Following the release of the order, AED’s president & CEO Brian P. McGuire issued the following statement:
“Unfortunately, the right to repair directive is a solution in search of a problem. Currently, consumers of heavy equipment can diagnose and repair their machinery and tractors. They don’t have the ability to alter the safety, security, and environmental protections on the equipment. AED strongly urges the FTC to consider the significant differences between repairing heavy machinery and modifying or tampering with it, as the agency ponders future action.”
Unlike many other federal agencies, the FTC is independent and isn’t under the direct control of the president. Therefore, the ability of the White House to compel FTC action is significantly limited. However, a recently released FTC report on repair restrictions certainly shows a predisposition by the agency to act, AED said.
Despite the executive order, it’s unclear what steps the FTC will take or even which actions the agency has the statutory authority to commence without congressional authorization.
AED, working together with the broader equipment industry and other trade associations, said it will engage the FTC and the administration to educate them about the risks to equipment safety, durability, and environmental compliance posed by the order, and oppose granting unfettered access to allow modification of embedded software and source code.
Source: AED
