Private plaintiffs and government enforcers are aggressively attempting to revive antitrust theories challenging manufacturers’ policies that impact consumers’ “right to repair.”

Manufacturers’ policies that impact how consumers repair their products are drawing renewed scrutiny from private plaintiffs and antitrust enforcers. Under a so-called “right to repair” theory of harm, plaintiffs and enforcers have targeted companies that make products of all types — from tractors to grills to video game consoles — for policies and practices that allegedly influence how consumers can repair those goods. Decades ago, the antitrust plaintiffs’ bar regularly targeted repair restrictions (sometimes called “aftermarket restraints”). Now, after a nearly 30-year lull, antitrust plaintiffs and enforcers are again aggressively challenging these policies.