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Right to Repair on the FTC

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by Dennis Crouch

In a unanimous vote among the many 5 commissioners, the Federal Trade Commission (FTC) will transfer ahead with a brand new coverage relating to the right-to-repair.  This choice was foreshadowed by a 2019 workshop and 2021 report to Congress.

The Commission is taking 4 steps:

  • Stepping up enforcement of the Magnuson-Moss Warranty Act prohibitions on tie-in gross sales, inter alia.
  • Scrutinizing fix restrictions to find out whether or not they violate US antitrust legal guidelines.
  • Scrutinizing fix restrictions to find out whether or not they represent unfair competitors or misleading commerce practices.
  • Coordinating with state regulation enforcement and policymakers to “advance the goal of open repair markets.”

Read the Policy Statement.  FTC commissioners are nominated by the President and serve for Seven yr phrases, and not more than three Commissioners (out of Five) might be from the identical political occasion.  FTC Chair Lina Khan is a current regulation college graduate (2017), though she had already targeted on antitrust and platform monopoly points (reminiscent of Amazon) for greater than a decade on the New America Foundation. The remaining 4 have been all nominated by President Trump, though two are Democrats and two Republicans.

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A giant subsequent query is the extent we are able to encourage producers to supply reparable merchandise. To what extent can easy-to-repair match into the advertising and marketing technique? And, can Patent Law do one thing with this regard?

 




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