Posted May 20, 2008 at 08:55AM by Charles D. Listed in: News Tags: European Commission, European Union
Ó

European Union flag - Image 1It's deja vu all over again for Nintendo as the European Union (EU) recently levied a €149.1 million (US$ 232 million) fine on the video game company for price fixing issues.

In 2002, the European Commission previously fined Nintendo and seven other distributors a total of €167.8 million for colluding to raise prices of video games and consoles between 1991 and 1998. The Brussels-based agency mentioned that this fine reflected Nintendo's position as both producer and supplier.

However, Nintendo wasn't about to take this issue sitting down. Ian Forrester, a lawyer for the company, told the European Court of First Instance in Luxembourg that "the penalty was unfair, illegal, even shocking." This fine was considered as one of the biggest single penalties in EU competition law.

Xavier Lewis, a lawyer for the commission, countered with his own statement saying that: "The fine was not of a capricious nature, or based on wild estimates. This fine was for an infringement that was considered very serious."

The court filings from the commission mentioned that Nintendo failed to pay "particular vigilance" in preventing price collusion with distributors as their role as producer. This move was taken on the behalf of smaller distributors to prevent them from being unduly penalized because of Nintendo's actions.

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   by Goglu666 - 2008-05-20
 » Do i Understand right

Does this means that small retailers asked for compensation from Nintendo because they could not sell the games the same price as big outlets?


   Re: ISOHaven - 2008-05-20
 » WTF!?!?!?!?!

This is about price fixing:

http://business-law.freeadvice.com/trade_regulation/price_fixing.htm

   Re: Xastabus - 2008-05-21
 » Price Fixing - Vague

That link is both informitve and vague. Based on the description, pretty much anything can be construed as price fixing. Like when Best Buy has a sale on items to bring in consumers... The whole concept is a bit sketchy to me. I can understand this when applied to less diverse products, like shoes, but no two video games are exactly alike. Even multi-console games play differently and have different features on different systems. There is no such monopoly here. Even if there were, Nintendo is not the only one setting prices for their products. Xbox and PS3 games and systems retail at an initial price and are then lowered as allowed by the respective companies. This is not new.

   Re: ISOHaven - 2008-05-21
 » WTF!?!?!?!?!

I'm glad you picked up on that! That's half the point. Just look at the iPhone. Fixed price. NO ONE is allowed to sell it any cheaper. Not at retail level channels.

The whole "price fixing" issue CAN become a problem. Therefore laws have been put in place. However, if no one actually abuses it then no one cares. It's not until price gouging comes into play.

Clearly, Nintendo is NOT price gouging. Not with the cheapest solution in the market. But leave it to the UK to bleed money from a random organization.

I just love ripping the UK a new a-hole! Those guys are as bad as some of our American laws. To bring up MS again, the UK fines the CRAP out of MS for including Media Player with Windows but do they fine Apple for including Quicktime? Has anyone on this planet fined Apple for including Netscape (back then) or Safari (today)? Where's the Apple Anti-Trust lawsuit? Oh that's right, Apple's market share is in the toilet. There's no money in Apple yet. Not enough anyway!

It's all a bunch of BS!
   by Mister Common Sense - 2008-05-20
 » Not the first time:

Remember how expensive SNES and N64 games were? This may be why:

"The European Commission in 2002 fined Nintendo and seven distributors a total of 167.8 million euros for colluding between 1991 and 1998 to raise prices of games and consoles. The agency, based in Brussels, said the penalty reflected Nintendo's position as producer and supplier."

"The fine was not of a capricious nature, or based on wild estimates," Xavier Lewis, a lawyer for the commission, told the court. "This fine was for an infringement that was considered very serious."

"It's a producer's responsibility to pay "particular vigilance" to prevent price collusion with distributors and Nintendo's failure to do so merits the fine, the commission said in court filings. An analysis of each party's conduct prevented smaller distributors from being unduly penalized, the agency said."

Yep, Nintendo is guilty of colluding with distributors to fix prices at a high level. Not Sony, not Microsoft, NINTENDO.

That's how Nintendo rewards their die-hard fans, by making sure their games never get cheaper, their systems never get cheaper, and of course their profits never get lower!

Hopefully this fine will put an end to Nintendo's illegal activities.


   Re: Fade3e - 2008-05-20
 » stupid

im sick of you man, you pull your facts from nowhere,

nintendo to only has but has always had the cheapest concels and games, explain how 49.99 is more that 59.99.

besides the blame here should be on the stores overpricing the games, nintendo sure doesnt control that, thats why srv is suggested and not mandatory.

   Re: ISOHaven - 2008-05-20
 » WTF!?!?!?!?!

Much agreed. Mr. Common Douche Bag pulls FAKE information from nowhere:

http://wii.qj.net/No-PKE-meter-DS-support-for-the-Wii-version-of-Ghostbusters/pg/49/aid/119227

http://wii.qj.net/Nintendo-readies-the-Wii-white-Gamecube-controller-for-Japan/pg/49/aid/117767/act/success

He can't even use logic or common sense to put his posts together. He lies about things just to compile a post that's inline with his propaganda.

Like you said, Nintendo has always (between the three) been cheaper. How can a company who's been the cheapest all along be responsible for driving up an entire industry?

The UK is full of it in general. Fining Microsoft for including Media Player in Windows? The UK can suck an egg!

Nintendo's games are already cheaper then the competition. There is no reason to lower new game title even more. Older titles however have ALWAYS been priced lower.

   Re: gamephreak5 - 2008-05-20
 » You're just a bit off...

True, SNES and N64 games were more expensive than PSX games, but that wasn't because Nintendo was price fixing. It was because cartridges were and still are more expensive to produce than a cheap CD or DVD.

Maybe you're the one who should use more common sense, MCS.
   by FreePlay - 2008-05-20
 » ISOhaven:

Do you ever post anything with a subject other than WTF?

Also, the number of punctuation marks you're using indicates a strong mental instability...

"The UK is full of it in general. Fining Microsoft for including Media Player in Windows? The UK can suck an egg!"

Do you just not f*cking understand the concept of a monopoly?

Go die, you ignorant prick.


   Re: ISOHaven - 2008-05-20
 » WTF!?!?!?!?!

"Do you ever post anything with a subject other than WTF?"
"Also, the number of punctuation marks you're using indicates a strong mental instability..."

1. What do you care?
2. What's your problem?
3. NO!

"Do you just not f*cking understand the concept of a monopoly?"
I understand it just fine and MS including media player with Windows has NOTHING to do with a monopoly.

"Go die, you ignorant prick."

1. You're calling me ignorant with your above monopoly comment in place?
2. Speaking of ignorant:

http://wii.qj.net/Wii-homebrew-programs-SaveGame-Extractor-and-Installer/pg/49/aid/119462

You should learn when to keep your OFF TOPIC mouth shut.

   Re: FreePlay - 2008-05-20
 » ...

Yes, you're an ignorant prick. You're sucking so hard on Nintendo's wang that you can't see when you're wrong.

   Re: NomadHeath - 2008-05-21
 » Heh.

Unfortunately, I can't recall a time when MCS and FreePlay were ever RIGHT. LOL. Here's IsoHaven, defending people who need to be defended, and fanboys like MCS and FreePlay complaining about it.

Thanks for playing, please try again.

   Re: Mister Common Sense - 2008-05-21
 » ?

I can't recall a time when no-man heath ever added anything intelligent to the conversation.

"Here's IsoHaven, defending people who need to be defended, and fanboys like MCS and FreePlay complaining about it."

What the hell? Nintendo NEEDS to be defended? From the TOPIC, it seems consumers need to be defended from Nintendo's illegal agreements with retailers, HENCE THE FINE.

Besides, Nintendo has paid lawyers, PR reps, and idiots like isohaven (the supposed PC fanboy) to try and defend them from the fallout of their illegal activities.

This is exactly what I'm talking about. Screw brand loyalty, any company that knowingly screws consumers deserves to be bashed.

   Re: ISOHaven - 2008-05-21
 » WTF!?!?!?!?!

"I can't recall a time when no-man heath ever added anything intelligent to the conversation."
That's funny, I was just thinking that about YOU. How about the time you claimed that mentally handicapped people have NO EXCUSE being the way they are? Or the time you called EVERY Wii owner GAY. Or yesterday when you said ALL heterosexuals between 15-40 find the Wii repulsive?

You are SUCH a douche bag!

"Here's IsoHaven, defending people who need to be defended, and fanboys like MCS and FreePlay complaining about it."

"What the hell? Nintendo NEEDS to be defended?"
Nintendo? Wait a minute..... let's look at this again:

"...defending people who need to..."
"...defending people who need..."
"...defending people who..."
"...defending people..."
"...people..."

PEOPLE!!!!!!!!!! Where the hell did he say Nintendo? LEARN TO READ!!!!

"From the TOPIC, it seems consumers need to be defended from Nintendo's illegal agreements with retailers, HENCE THE FINE."
This might be illegal in the UK but it's not illegal here. The UK will fine ANYONE just for the cash. MS is not in the wrong for including a media player of which ANYONE can install a different one. Nintendo is not in the wrong for setting prices on their product. Apple is not in the wrong for doing the SAME EXACT THING with the iPhone.

"Besides, Nintendo has paid lawyers, PR reps, and idiots like isohaven (the supposed PC fanboy) to try and defend them from the fallout of their illegal activities."
And you got this information where? From your mommies teats?

"This is exactly what I'm talking about. Screw brand loyalty, any company that knowingly screws consumers deserves to be bashed."
You will never "get it". This has nothing to do with BRAND loyalty. This has to do with what's REAL and TRUE.
   by balu - 2008-05-21
 » bzmq

"This is exactly what I'm talking about. Screw brand loyalty, any company that knowingly screws consumers deserves to be bashed."

Agreed, just like Microsoft. The amount they've stolen off people for they're crappy windows and microsoft products has made me move to other better products.

   by Scarface88 - 2008-05-21
 » Ridiculous.

Our laws are pretty stupid. I'm pretty sure that all consoles' games are around the same price. Same goes for cables, controllers, etc., and Nintendo's console is cheaper, so how can they be the ones to pick out of the three? Just because their popularity is peaking? I don't feel like I'm being 'screwed' by Nintendo (because they aren't 'screwing' me), so I won't bash them. It's insane that some people on here agree with the fine.



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