ability of independent businesses to compete with the OEMs and their authorized repair providers.[1]
For example, manufacturers argue that the “authorized repair” infrastructure many manufacturers have in place provides small businesses with a chance to compete for consumers’ business in the repair space. For example, AHAM submitted a survey of member companies regarding their authorized repair networks: “Of the 20,000 servicers (repairers), over 87 percent are authorized local independent brand/manufacturer affiliated service providers…. This demonstrates that the ‘barriers’ to repair for independent repair shops are imaginary—independent repair shops with the desire to repair home appliances can do so if they meet the requirements, such as training and certification.”[2] CompTIA stated in its comment, “affiliated repair providers, many of which are small businesses, work with manufacturers to provide competitive, quality, cost-effective, and convenient services for consumers…. The market already provides a wide range of consumer choice for repair with varying levels of quality, price and convenience without any regulatory mandates.”[3]
CompTIA predicted that movement toward a more open repair ecosystem would in fact harm small businesses and competition because it would provide “favorable treatment to one group of businesses at the expense of others by undercutting and minimizing the significant investments entrepreneurs and small businesses across the nation have made to become affiliated repair network providers. The mandate would infringe on a manufacturer’s ability to establish contractual relationships with these small businesses.”[4] In effect, AHAM and CompTIA argue that, to the extent small businesses engage in and want to compete for repair business, they should become authorized or affiliated repair providers. By doing so, they will have access to the parts, tools, and information that they seek through their right to repair advocacy.
Right to repair advocates argue that independent repair has many benefits for consumers. For example, when asked during the Workshop what was wrong with requiring consumers to go to an authorized repair facility if the gasket on their refrigerator door breaks, Kyle Wiens asserted that authorized repair restricts the ability of the market to respond to consumer demand appropriately and absorb demand that manufacturers are not always able to meet.[5] Aaron Lowe argued that having independent repairers in addition to authorized repair “keeps everybody competitive, keeps everybody honest. It makes people better at what they do. It makes people better repairers.”[6] The Repair Association’s Gordon-Byrne stated at the Workshop that “right to repair allows for competition. It doesn’t guarantee anyone will win. It doesn’t guarantee that
- ↑ ABPA empirical research, at 2; Transcript, at 47. We note that manufacturers and affiliated repair shops employ thousands of people as well. We have not evaluated the effect of repair restrictions on overall employment, but note that repair restrictions likely result in lower employment by local or independent repair shops. As noted above, many Black-owned small businesses are in the repair and maintenance industries, and difficulties facing small businesses can disproportionately affect small businesses owned by people of color. See supra notes 5 & 6.
- ↑ AHAM comment, at Exh. A pp. 5–6.
- ↑ CompTIA comment, at 6.
- ↑ CompTIA comment, at 9.
- ↑ Transcript, at 177.
- ↑ Id. at 174.
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