
AGCO Seeks Appeal in FTC Right-to-Repair Case Against John Deere Over Sensitive Data
AGCO is asking a federal court to approve a rare interlocutory appeal in the Federal Trade Commission’s (FTC) ongoing right-to-repair lawsuit against John Deere. The company is pushing back against an August ruling that allows Deere to access confidential competitor information, including AGCO’s own sensitive pricing, sales, and financial data.
“The request follows an August ruling that granted Deere access to confidential competitor information gathered during the FTC’s investigation, including details like sensitive pricing, sales, and financial data from AGCO, as well as CNH Industrial and Kubota.”
AGCO is not alone in this concern. CNH Industrial and Kubota are also impacted by the ruling. But AGCO is taking the lead in urging the court to step in early, warning that once this proprietary data is shared, the damage cannot be undone.
“AGCO argues the ruling lacks the heightened protections usually applied to non-party materials and says immediate review is needed to prevent disclosure of vital business information. Once released, the company contends that the data cannot be protected from misuse in either the FTC case or related farmer lawsuits.”
The appeal, if accepted, would be heard by the U.S. Court of Appeals for the Seventh Circuit. The goal, according to AGCO, is to clarify the legal standards governing the release of competitor data in government investigations tied to antitrust cases.
“Farm Equipment Magazine says the appeal would go to the U.S. Court of Appeals for the Seventh Circuit, where AGCO hopes to clarify what legal standards govern the release of government-held competitor data in antitrust cases.”
Meanwhile, John Deere maintains its position and promises to fight the lawsuit vigorously.
“Deere vows to vigorously defend itself.”
This legal clash over the FTC right-to-repair lawsuit not only impacts the outcome of the case but could also set important precedent for how competitor data is handled in similar federal investigations in the farm equipment industry.