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Implications of the Right-to-Repair Movement for Distribution, Franchise, and Supply Chain Networks

I. INTRODUCTION AND OVERVIEW

A. The “Right to Repair” Movement

1. Origins and Stated Rationale
2. Initial Industry Response(s)
3. State Dealer Statutes: “MVDL Creep”
4. Massachusetts Data Access Law
5. 2021 FTC Report and Executive Order

B. More Recent Developments

1. Federal Antitrust Class Action Litigation
2. Manufacturer-Specific Memoranda of Understanding
3. State Right to Repair Laws Enacted in New York, Minnesota, and California
4. Colorado Agricultural Equipment Right to Repair Act
5. Proposed Federal “Agricultural Right to Repair Act”

C. Implications for Manufacturers, Dealers, & Consumers

1. A Challenging Issue with No Clear Answer
2. What About the Dealer?
3. Proprietary Parts?
4. Technology “Leakage”
5. Warranty Issues
6. Brand Equity
7. Effects on Consumers

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