In “The Right to Repair and Its Racheting Impact on Antitrust and IP Law,” an article published by the American Bar Association on February 27, 2025, Wilson Sonsini partner Kenneth O’Rourke and associate Ben Allen discuss that a ratcheting wrench has a special mechanism that allows for uninterrupted rotation in one direction while preventing movement in the other. The tool’s continuous and cumulative operation facilitates mechanical repairs and all sorts of manufacturing processes. This ratcheting effect is seen in cultural and technological evolution, too—humans share and learn from one another, allowing us to aggregate knowledge unlike any other animal. Most often the ratchet facilitates positive advancement. Sometimes a legal movement progresses like a ratchet. Litigation and legislative victories embed a foundation for a new or changed understanding of the law. We may be witnessing one example of this now with the recent and continuous rise of the right to repair movement. The right to repair movement seeks to empower consumers and businesses with the tools to fix products themselves or use repair shops of their choice.

This article discusses recent developments in the right to repair sphere where the authors see these fights playing out. The authors examine key cases focused on the right to repair as well as related legislative efforts at the federal and state level. After that, they discuss how the previous administration supported the movement and hints that the new administration will continue to ratchet up the right to repair.

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