Author Topic: Nintendo Sued For Price-Fixing by FTC (history lesson)  (Read 3691 times)

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Nintendo Sued For Price-Fixing by FTC (history lesson)
« on: October 09, 2003, 09:07:35 AM »
I stumbled across this fascinating article.  Perhaps if Nintendo wants the GameCube (or GC2) to succeed, they need to return to these practices that gave the NES it's 90% market dominance!  Here is just a portion of the article:

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By the late '80s, Nintendo... was notorious for the iron-clad terms that it required third-party game publishers to agree to, which gave Nintendo full control over how many cartridges could be manufactured and prohibited publication of a game on rival systems until it had been available on the NES for two years. It's also alleged that Nintendo played favorites when meting out merchandise allotments to retailers, and stiffed stores that dared to drop prices or carry certain competing items. In short, Nintendo was accused of price fixing.

Various States began noticing Nintendo's questionable business practices, and eventually Congress and the Federal Trade Commission became involved.   (snip)  The FTC was jubilant, crowing about how it had "rejoined the battled against vertical price-fixing by manufacturers and retailers." This would send a message to other countries, it said, about the ethics of doing business in America.



COMPLETE ARTICLE: http://gamespy.com/articles/june03/dumbestmoments/index23.shtml



If Nintendo started requiring third-party publishers to develop exclusively for Nintendo, forced retailers to price-fix games or else lose their right to sell Nintendo games, and included lock-out chips to prevent developers from hacking the console, the next-gen GameCube 2 could repeat the NES' success.

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Offline Gibdo Master

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RE: Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #1 on: October 09, 2003, 09:16:19 AM »
Yes and get sued again too.
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Offline PIAC

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RE: Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #2 on: October 09, 2003, 10:24:04 AM »
and have no third parties at all, capitol idea.

Offline BlkPaladin

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RE: Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #3 on: October 09, 2003, 11:56:54 AM »
The only company that will be able to do that today is Sony. But then again they got into trouble in Japan for Price Fixing. So the short of this is that we will more than likely never see these tactics used again in this market.
Stupidity is lost on my. Then again I'm almost always lost.

Offline Infernal Monkey

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RE: Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #4 on: October 09, 2003, 02:11:35 PM »
Yeah, cool. I'm sure every third party will be quite happy to let Nintendo dominate them again. =/

"Hey Capcom, wanna make games for our next system?"
'Well, yeah.'
"Cool, welp, you've gotta drop all support for Sony and Microsoft's upcoming consoles, then."

*Tumbleweed*

Offline The Real Mario

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RE:Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #5 on: October 09, 2003, 04:56:00 PM »
Like others have said above me, those are incredibly bad business practices for any company to use.  Price-fixing was a marketting tactic commonly used in Japan.  Nintendo translated those practices overseas without being fully aware of the laws against it.  Price-fixing did not give the NES any part of the market.  The NES owned the market because it was the best/only game system with the best games.  The price-fixing only protected the NES from any compettiors.  Of course this didnt make Nintendo invincible because once the TurboGrafx/Genesis arrived, developers wanted to make games for the most powerful system.
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Offline The Omen

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RE:Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #6 on: October 09, 2003, 05:15:47 PM »
Quote

The NES owned the market because it was the best/only game system with the best games. The price-fixing only protected the NES from any compettiors. Of course this didnt make Nintendo invincible because once the TurboGrafx/Genesis arrived, developers wanted to make games for the most powerful system.


And gaming has gone downhill ever since.  I think i enjoy a dictatorship, if only in moderation  A lot of frontrunning has occured ever since from 3rd partys. and its a little annoying.  Take RE or Metal gear or Final fantasy.  RE on GC, when all the fans had the ps1...(i'm not complaining),  Metal Gear and FF born and bred on Nintendo systems, and finally reborn, after about 8 years, after being exclusive to the Sony machines. I want iron fist control! At least give me facism!  People would love if all the best games were on one system.
"If a man comes to the door of poetry untouched by the madness of the muses, believing that technique alone will make him a great poet, he and his sane compositions never reach perfection, but are utterly eclipsed by the inspired madman." Socrates

Offline S-U-P-E-R

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RE:Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #7 on: October 09, 2003, 06:34:56 PM »
Mind that Nintendo never really went to court, it seems, they just changed their agreements and settled with the FTC, or so it says. Anybody know what the settlement was, if any?

P.S. Sony should be cornholed by the FTC for its all-too-commonly faulty hardware :S

Offline S-U-P-E-R

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RE:Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #8 on: October 09, 2003, 07:19:49 PM »
Also, Next-Generation magazine did this same feature years ago, and probably without using as many retarded writing cliches:

Quote

Universal Goes Ape

Quote

The writing was on the wall.

Quote

900-pound gorillas

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waiting in the wings

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pulls a rabbit out of its hat

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bottom of the barrel

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kid in a candy store

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800 lb. gorillas (OOPS AGAIN)

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Slap on the Wrist

And whatever the hell this means:
Quote

Atari Takes a Bath on E.T.

And LOL:
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Nintendo's GameCube might be falling behind in the console race these days

Fragmaster is still :cool: tho

Offline Infernal Monkey

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RE: Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #9 on: October 09, 2003, 07:24:04 PM »
How could Atari take a bath on E.T? THEY'D CRUSH HIM, AND HE'D MAKE THOSE SILLY NOISES!
*Cries for E.T*

Toot on, E.T, toot on!

Offline Matt

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RE:Nintendo Sued For Price-Fixing by FTC (history lesson)
« Reply #10 on: October 10, 2003, 03:51:16 PM »
Nintendo is not in a position to do that anymore.

Back in the NES days, not having your games on Nintendo's platform was a bad hit, enough to warrant meeting Nintendo's demands.

Today, Xbox 2 and PS3 development would just be easier than following Nintendo's demands.

Also, it is generally bad business practice to do something that got you sued over again.
Matt
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