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IPRs and the "Right to Repair"

Urska Petrovcic, Devlin Hartline, Kelly Fayne, Kirti Gupta, and Stefan Geirhofer

Manufacturers' policies regarding the repair of their products are drawing increasing antitrust attention. Since the FTC announced in 2021 that it will prioritize investigations into repair restrictions, plaintiffs have brought multiple class action lawsuits. When is a manufacturer's repair restriction justified, particularly if involving IPRs, and when is there a risk to face antitrust liability?