The right to repair in the EU and the US. A comparative perspective

Abstract

The essay examines the regulation of the right to repair in the European Union and the United States to verify whether and to what extent the rules enacted to promote product repairability in both legal systems mirror the objectives pursued in each, respectively. Indeed, in recent years, the EU and the US have adopted policies and regulations to facilitate access to repair. However, European initiatives have been presented as an integral part of the plan to ensure sustainable production and consumption patterns and foster the transition towards a circular economy. By contrast, in the US, repair has been promoted primarily as a powerful instrument for breaking the original equipment manufacturers’ monopoly and establishing a fair and competitive aftermarket. The legal comparative study will illuminate the similarities and differences between the two policies and legislative approaches, providing additional tools of inquiry to assess the effectiveness of right-to-repair laws.