Nintendo calls EU's $234m price-fixing fine 'illegal'
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Nintendo has called a €149.1 million ($233.6 million) fine levied by European Union regulators for price fixing "unfair, illegal, [and] even shocking." In 2002, the commission fined Nintendo and seven distributors a total of €167.8 million for colluding to raise prices of game consoles and software from 1991–1998. While Nintendo isn't denying the profit boosting efforts, it claimed yesterday in the European Court of First Instance in Luxembourg that the portion of the fine owed by the game company is unjustified and discriminatory -- and indeed, at the time, was the largest ever punishment for colluding with distributors. The commission stood by its initial ruling that the steep penalty reflected Nintendo's role as producer and supplier of the price-jacked goods. It was Nintendo's responsibility to prevent price fixing and failure to do so merited the fine, the commission stated in court filings.
Reader Comments (67)
Posted: May 20th 2008 3:06PM (Unverified) said
The problem is that artificially higher prices mean that people who would have bought the system don't, and those that do get less benefit out of their purchase. The point is that a firms' objectives (i.e. maximising profit) gets in the way of maximising welfare in society. I could explain it better using a diagram, but I don't know how to use ASCII :P
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Posted: May 20th 2008 3:27PM (Unverified) said
@meist3r
Actually I bought a wii. Launch day, I had to wait several hours in line. There is in fact, supply, demand is simply outpacing it. Your economics are bad, there are several factors why a product might be more "expensive" in one country then the next. Higher taxes, regulation, and more middle-men are often causes of higher prices passed on to the consumer. Prices are adjusted according to the market they're in, there's no reason to expect an international MSRP.
@Benny
A person that willingly buys an over-priced doesn't get 'less benefit' out of it. Also there is no such thing as artificially high price - the price people are willing to buy it at is the "right price". If that number of people is too small, then the company lowers the price accordingly. Having a government mandate the value of a product is truly creating an artificial price. In terms of necessary products like I mentioned, the government should intercede, but for entertainment, the right price is the price that it sells at.
This is a cheap grab at money by regulators who will take the money for themselves. Does it really make you feel better that politicians are pocketing it instead of Nintendo?
Actually I bought a wii. Launch day, I had to wait several hours in line. There is in fact, supply, demand is simply outpacing it. Your economics are bad, there are several factors why a product might be more "expensive" in one country then the next. Higher taxes, regulation, and more middle-men are often causes of higher prices passed on to the consumer. Prices are adjusted according to the market they're in, there's no reason to expect an international MSRP.
@Benny
A person that willingly buys an over-priced doesn't get 'less benefit' out of it. Also there is no such thing as artificially high price - the price people are willing to buy it at is the "right price". If that number of people is too small, then the company lowers the price accordingly. Having a government mandate the value of a product is truly creating an artificial price. In terms of necessary products like I mentioned, the government should intercede, but for entertainment, the right price is the price that it sells at.
This is a cheap grab at money by regulators who will take the money for themselves. Does it really make you feel better that politicians are pocketing it instead of Nintendo?
Posted: May 20th 2008 3:37PM (Unverified) said
You really don't understand what's going on, do you? Nintendo's guilty of restricting the exact thing you're claiming that this lawsuit is damning them for.
Nintendo wasn't allowing retailers to sell the game for different prices. They'd exerted their pressure (by not supplying retailers who broke the rules with merchandise.) so that anyone who sold the game at either a higher or lower price than Nintendo's stipulated price were punished.
It's the exact opposite of the free market. If demand wasn't high, you weren't allowed to lower the price. If demand was high, you weren't allowed to raise it.
That's what the "fixing" in "price-fixing" refers to. There's no fluctuation, because Nintendo locked the price.
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Nintendo wasn't allowing retailers to sell the game for different prices. They'd exerted their pressure (by not supplying retailers who broke the rules with merchandise.) so that anyone who sold the game at either a higher or lower price than Nintendo's stipulated price were punished.
It's the exact opposite of the free market. If demand wasn't high, you weren't allowed to lower the price. If demand was high, you weren't allowed to raise it.
That's what the "fixing" in "price-fixing" refers to. There's no fluctuation, because Nintendo locked the price.
Posted: May 20th 2008 3:56PM (Unverified) said
There is such thing as an artificially high price. Nintendo can restrict output of their product and operate where supply and demand do not meet in order to receive higher profits. By doing so, they're interfering with the free market and pricing systems. It's a little something known as the deadweight loss of monopoly.
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Posted: May 20th 2008 4:04PM (Unverified) said
@jswanson:
I can't agree to what you are saying. First off: You bought a Wii launch day, waited in line several hours. That's not what I call a regular purchase. Demand doesn't include only hardcore fans that are willing to make sacrifices for their hobby. In Europe there was a shortage due to demand right after the launch but that ebbed down a couple of months afterwards and now you can get a Wii basically everywhere right away. In the US the picture looks a little different. There are reports of people trying to buy Wiis and there were multiple consoles in the store but they were send away and told only one console per person and if you know the guy next to you that's a group and you can get only one for all of you.
I can't believe that Nintendo one of the leading game manufacturers for the last 20+ years did underestimate the demand in the US but is able to supply other important market segments. Nintendo knows that Microsoft is protecting it's turf with all they've got. The reason why there are no Wii's in the US (yeah call me names) is that Nintendo doesn't deliver enough consoles even though they could. Just the fact that it is not available makes the Wii that much more attractive.
All the while your economics are not much better, where is the difference in middlemen between Amazon US and Amazon GER? It's the same group ergo same negotiations for merchandise quantities. Even if you add taxes, lots of regulations and other costs into the margin you'd still not get such ridiculous differences even with the high exchange rate. It's plastic discs, made in Taiwan, packaged in China, shipped to the US and Europe (both in opposite directions about the same distance). The only reason why in one place they are cheap and in the other they are expensive is because they play a game with their customers. The US market is dominated by the Xbox360 (at least when it comes to penetration rate and user loyalty) hence Nintendo has to go competitive and sell things cheaper. Europe on the other hand is not yet HD ready in most places and the Wii got a spectacular reception thus washing in more profits. Raise the price in the "good" market and you are rich. That's all there is. One of the reasons why I'm so upset about this is that so far you couldn't see what's going on. A game just came out you didn't know about other countries and paid what they wanted for it or not.
Now I can do price comparison on a global scale within minutes and look at all the different prices for the same product and only then realize that we've been screwed over all along.
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I can't agree to what you are saying. First off: You bought a Wii launch day, waited in line several hours. That's not what I call a regular purchase. Demand doesn't include only hardcore fans that are willing to make sacrifices for their hobby. In Europe there was a shortage due to demand right after the launch but that ebbed down a couple of months afterwards and now you can get a Wii basically everywhere right away. In the US the picture looks a little different. There are reports of people trying to buy Wiis and there were multiple consoles in the store but they were send away and told only one console per person and if you know the guy next to you that's a group and you can get only one for all of you.
I can't believe that Nintendo one of the leading game manufacturers for the last 20+ years did underestimate the demand in the US but is able to supply other important market segments. Nintendo knows that Microsoft is protecting it's turf with all they've got. The reason why there are no Wii's in the US (yeah call me names) is that Nintendo doesn't deliver enough consoles even though they could. Just the fact that it is not available makes the Wii that much more attractive.
All the while your economics are not much better, where is the difference in middlemen between Amazon US and Amazon GER? It's the same group ergo same negotiations for merchandise quantities. Even if you add taxes, lots of regulations and other costs into the margin you'd still not get such ridiculous differences even with the high exchange rate. It's plastic discs, made in Taiwan, packaged in China, shipped to the US and Europe (both in opposite directions about the same distance). The only reason why in one place they are cheap and in the other they are expensive is because they play a game with their customers. The US market is dominated by the Xbox360 (at least when it comes to penetration rate and user loyalty) hence Nintendo has to go competitive and sell things cheaper. Europe on the other hand is not yet HD ready in most places and the Wii got a spectacular reception thus washing in more profits. Raise the price in the "good" market and you are rich. That's all there is. One of the reasons why I'm so upset about this is that so far you couldn't see what's going on. A game just came out you didn't know about other countries and paid what they wanted for it or not.
Now I can do price comparison on a global scale within minutes and look at all the different prices for the same product and only then realize that we've been screwed over all along.
Posted: May 20th 2008 3:33PM (Unverified) said
Nintendo: "Fining us for our illegal actions are illegal!"
Boo hoo. You did the crime, you pay the time.
It should be pointed out that this is actually the second lawsuit to hit Nintendo on anti-competition issues. They were nailed in the US during the 80s. Then they immediately followed it up by continuing to do evil in the 90s.
So, to all of you who think Nintendo's this company on some kind of moral high ground? You're not. You're right there with Microsoft.
Boo hoo. You did the crime, you pay the time.
It should be pointed out that this is actually the second lawsuit to hit Nintendo on anti-competition issues. They were nailed in the US during the 80s. Then they immediately followed it up by continuing to do evil in the 90s.
So, to all of you who think Nintendo's this company on some kind of moral high ground? You're not. You're right there with Microsoft.
Posted: May 20th 2008 3:57PM (Unverified) said
... and Sony.
If anyone out there is naive enough to think that any corporation has their best interests at heart, then I guess they're the perfect customer (AKA: bitchable).
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If anyone out there is naive enough to think that any corporation has their best interests at heart, then I guess they're the perfect customer (AKA: bitchable).
Posted: May 20th 2008 4:07PM (Unverified) said
Except Sony's never been dinged for the anti-competitive practices Nintendo and Microsoft have been convicted of.
Yeah, Sony's still a corporation who's trying to get as much of my money as possible, but for the purposes of my comparison, I was making a direct parallel, that's why I left Sony out.
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Yeah, Sony's still a corporation who's trying to get as much of my money as possible, but for the purposes of my comparison, I was making a direct parallel, that's why I left Sony out.
Posted: May 20th 2008 3:40PM F1 Basu Gasu Bakuhatsu said
Pheonix should have been in Smash Bros. Brawl as a playable character.
Posted: May 20th 2008 3:48PM Korova Pamplona said
In other news, Nintendo announced that it will buy Europe in a stock for state transaction.
Posted: May 20th 2008 4:28PM (Unverified) said
@Benny
As far as I'm concerned that is not an "artificial" price. There is a limit to any product, there are no infinite supplies of a product. No company should be expected to create the maximum number of products physically possible, they will limit output at some point. Again, whatever people pay for an item, that is it's value. Nintendo can't force the dollar value of its product on ANYONE, because it's an UNNECESSARY commodity. The way people talk, it's like everyone is compelled by nature to buy Nintendo's products. Company's can play with the market but the consumer sets the price.
As far as I'm concerned that is not an "artificial" price. There is a limit to any product, there are no infinite supplies of a product. No company should be expected to create the maximum number of products physically possible, they will limit output at some point. Again, whatever people pay for an item, that is it's value. Nintendo can't force the dollar value of its product on ANYONE, because it's an UNNECESSARY commodity. The way people talk, it's like everyone is compelled by nature to buy Nintendo's products. Company's can play with the market but the consumer sets the price.
Posted: May 20th 2008 5:17PM (Unverified) said
I'm not talking about producing the maximum physically possible, I'm talking about producing a socially optimal amount. Basically where supply and demand cross. Monopolies can restrict output and leave an excess of demand.
It's inefficient and results means that too little of our scarce resources are being used for production of the monopoly's product.
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It's inefficient and results means that too little of our scarce resources are being used for production of the monopoly's product.
Posted: May 20th 2008 4:52PM (Unverified) said
Nintendo is the least of Europe's worries.
Let's not forget the idiotic prices Sony charged for the P$£; the price for the horrendously crippled UK machine was higher than the be-all-end-all top of the range US one.
And don't get me started on their Scandinavian pricing.
Let's not forget the idiotic prices Sony charged for the P$£; the price for the horrendously crippled UK machine was higher than the be-all-end-all top of the range US one.
And don't get me started on their Scandinavian pricing.
Posted: May 20th 2008 5:33PM (Unverified) said
A surprising lack of fanboyism in the blog comments for this article, it's very encouraging. No "lolz Nintento iz teh krap" or rabbid Nintendo fanboys springing to Ninty's defence claiming this is all communistic European lies or something.
I suppose people are smart enough to realise that while they make great games of all console manufacturers - and big name publishers - are dickheads when it comes to competitive/anti-competitive practices.
I suppose people are smart enough to realise that while they make great games of all console manufacturers - and big name publishers - are dickheads when it comes to competitive/anti-competitive practices.
Posted: May 20th 2008 8:20PM (Unverified) said
"...rabbid Nintendo fanboys..."
DAAAAAAAAAAAAAAH!
(sorry Will, had to be done ^_^ )
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DAAAAAAAAAAAAAAH!
(sorry Will, had to be done ^_^ )
Posted: May 20th 2008 8:16PM (Unverified) said
So... Nintendo's value in the marketplace was very high and they decided to charge their customers, free to choose not to buy Nintendo products, a price that reaped them a high profit? I'm failing to see the problem here. It sounds more like a 234 million dollar pay day for some leeches in the EU government.
Posted: May 21st 2008 4:10AM ThornedVenom said
Well, if you think about it, 250 euros does make quite a bit of dollars, not to mention that the price they're selling at makes them still earn profit per console sold.
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