Fight to Repair Weekly: Week of November 7, 2022
FTC declares intention to rigorously enforce unfair competition laws. Vehicle manufacturers caught breaking the law, plus are bicycles getting harder to repair?
FTC, in statement sets sights on banning unfair methods of competition
The Federal Trade Commission issued a statement on Thursday restoring the agency’s policy of rigorously enforcing the federal ban on unfair methods of competition, declaring the agency’s intent to “exercise its full statutory authority against companies that use unfair tactics to gain an advantage instead of competing on the merits.”
“When Congress created the FTC, it clearly commanded us to crack down on unfair methods of competition,” said FTC Chair Lina M. Khan. “Enforcers have to use discretion, but that doesn’t give us the right to ignore a central part of our mandate. Today’s policy statement reactivates Section 5 and puts us on track to faithfully enforce the law as Congress designed.”
Advocates of stronger antitrust enforcement cheered the decision, declaring it “a new era of refined antitrust enforcement.”
“This is an important policy change that will empower the agency to better combat anticompetitive behavior across all markets,” said Sarah Miller, Executive Director of the American Economic Liberties Project. “As a result, the FTC will have renewed authority to outlaw predatory pricing, unfair supplier rebates, and other abusive monopolistic tactics with sharp focus.”
Repair lawsuits getting even with manufacturers
Two repair-focused class action lawsuits recently moved forward offers hope that we can stop companies from breaking the damn law. If won, these lawsuits would deter the restriction and obscuring of repair so corporations can line their pockets.
Harley Davidson: A pair of customers brought forward a class action lawsuit in Chicago over the company’s use of warranties to stop customers from using third party parts, in the hopes of grabbing more money from customers. This was doubly confirmed by the recent news from the FTC that Harley broke the Magnuson-Moss Warranty Act.
John Deere: The class action suit against Deere, which began its journey earlier this year, focused on the company’s monopolization of repair services, is now moving forward as a consolidated suit.
While these cases are long from being over, the fact that people are pursuing class action lawsuits against these companies is a good sign of increased scrutiny on corporate power broadly. Not to mention wins in court will strengthen the case for a right to repair.
Other News
Treating phones like cars: A NYT piece shows the inconsistency in how certain products are treated when it comes to repair – things like cars receive maintenance while phones and electronics get tossed prematurely. Another Times article this week took a look at the growing trend of manufacturers leasing, rather than selling smartphones to customers and weighed the pros and cons.
Older Macs now “obsolete”: MacRumors obtained a leaked document from Apple shows that models from 2013 and 2014 will be marked as “obsolete” and no longer eligible for repair.
Plus: While Apple is switching iPhones to USB-C, you’ll still need them if you own Airpods as they are transitioning slowly.
Modern bicycles don’t prioritize repair: A piece from Outside highlights that more modern bicycle features (from hydraulic disc brakes to increasingly sophisticated suspension and electronic shifting) are making repairs more difficult – and it might be bad news for everything else we own.
COP27 brought to you by Coca-Cola®: Environmental activists are calling out hypocrisy of having multi-national corporations and mega-polluters sponsor the global climate summit COP.
Canadian copyright & repair bill: Advocates are trying to fast-track a new bill in Canada that amends copyright law to make it easier for consumers to repair their devices at an affordable price.
Repair organizations promote resilience: A recent piece from The Guardian highlights how organizations in the U.K. are teaching repair skills, reducing waste, and building resilience as the cost of goods rise.
Businesses could adopt “remanufacturing” model: A Forbes article posits that if manufacturers buy back certain products from their distributors, they can disassemble the returned products, extract high-value parts, and upgrade the component’s capabilities for reuse in advanced releases.
iFixit expands Google Pixel parts: iFixit is now selling repair parts and kits for the Pixel 6a which offers cheaper home repair options for users.
Events, Resources, and Opportunities
Free Online Class: An Introduction to a Greener Economy: Do More Waste Less
Video: Reclaiming Our Right to Repair: Understanding Challenges and Taking Back Control
