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Reggie explains why Nintendo stopped selling products on Amazon for a while (Amazon wanted illegal concessions)


"At that time, you know, just in the Americas, I was selling ten million DS' a year, we're driving a lot of revenue. We had a lot of scale. And, at the time, Amazon was looking to get bigger into the video game space. Amazon's mentality back then is they wanted to have the lowest price out in the marketplace, even lower than Walmart. And one of their executives called me… well, it was a conversation that got to me after it had progressed through all of the levels of my sales organization, and essentially what Amazon wanted is wanted an obscene amount of support, financial support, so they could have the lowest price and beat Walmart. I literally said to the executive, "You know that's illegal, right? I can't do that." You know you get silence on the other end, 'but this is what I want.'

Literally we stopped selling to Amazon, and it's because I wasn't going to do something illegal. I wasn't going to do something that would put at risk the relationship we have with other retailers. But it also set the stage to say, look, you're not going to push me around. This is the way we do business. And so that's how over time you build respect."

Reggie Fils-Aime Nintendo GIF by Mega 64
 
Illegal how? Anti-trust stuff?

Seems like it was just Amazon wanting to pay a lower price, and Reggie saying "no".
 
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Holy shit for him to just come out and say it.

I bet you the US government already knows everything about Amazon's illegal business practices and permits them.

Illegal how? Anti-trust stuff?

Seems like it was just Amazon wanting to pay a lower price, and Reggie saying "no".
Yes. Amazon seeking lower prices from Nintendo compared to Walmart so they can undercut them is illegal. It violates antitrust laws. From what I am reading, it was already a crime of conspiracy for Amazon to ask that of Nintendo, irregardless of if it went through or not.
 
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Speculation from back in the day.

 
It's definitely better Nintendo also stopped selling digital game cards and top ups in many countries and then up the prices on thier store with little to no sales or simple ridiculous prices in general...... (like Activision would do and get slammed for everywhere, but not cute wittle Nintendo). In other words, I wonder how much of thinks typical bent truths or just pure lies and this isn't me defending Amazon either, it's like Epic vs Google, fuck em all.
 
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I remember when this was happening. You couldn't buy 3DS directly from amazon.

Reggie is my GOAT. He said none of that funny business over here kid.
 
Huh? Since when is that illegal? Lol

Walmart operates by demanding lower prices for products too.
 
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Huh? Since when is that illegal? Lol

Walmart operates by demanding lower prices for products too.

AI is this true?

1. Price Discrimination (Robinson-Patman Act)
The Robinson-Patman Act of 1936 was designed to prevent "big box" retailers from using their size to squeeze manufacturers for better deals than smaller competitors get.
  • The Law: It generally prohibits a seller (Nintendo) from charging different prices to competing buyers (Amazon vs. Walmart vs. GameStop) for the same goods if that price difference harms competition.
  • The Request: Amazon wasn't just asking for a bulk discount. They were asking for "financial support" (often called "market development funds" or "kickbacks") specifically so they could undercut everyone else. If Nintendo gave Amazon a massive secret discount or "support" payment that it did not offer to Walmart or Target, Nintendo would be committing price discrimination.
2. Unfair Competition
Under the Sherman Antitrust Act and various state laws (like California's Unfair Competition Law), companies cannot engage in predatory pricing or use "strong-arm" tactics to create a monopoly.
  • By demanding specialized subsidies to ensure they were always the cheapest, Amazon was essentially asking Nintendo to help them engage in predatory pricing—a practice where a company lowers prices so much that competitors are driven out of business, allowing the company to eventually raise prices once they have a monopoly.
3. Vertical Price Restraints
If a manufacturer (Nintendo) and a retailer (Amazon) agree to a specific pricing scheme that unfairly targets other retailers, it can be viewed as an illegal vertical agreement.
  • Reggie noted that if he had agreed, he would have been compromising his relationships with every other retail partner. From a legal standpoint, if Nintendo "subsidized" Amazon's low prices, they would effectively be helping Amazon destroy the business of other retailers who were buying the same product from Nintendo at a higher "standard" price.
Summary of the Conflict
Reggie's stance was that if he gave Amazon the "support" they wanted, he would be providing one retailer with a massive, unfair, and legally indefensible advantage over others. Because the law requires manufacturers to offer similar terms and "proportionally equal" support to all competing retailers, granting Amazon's specific request would have opened Nintendo up to massive lawsuits from the US government and other retailers like Walmart.
In short: Amazon was asking for a "secret" better deal that would have allowed them to legally "bully" other stores, and Nintendo (via Reggie) recognized that participating in that would be a federal crime.
 
It's funny when the big companies try to do the same bullying smaller businesses tactics on ones just as big as them and get denied.
 
Not illegal at all. What's Reggie smoking? He's smarter than that. He's just doing some PR assuming the general public doesnt know any better.

Retailers ask for discount deals all the time for anything.

Just say no.

If Amazon wants to sell for cheaper go ahead. Noboby is stopping them. Just like you can get anything at Costco for $5 cheaper than everyone else, including gaming gift cards at 10% off which no other store does. But of course they will ask for funding first instead of eating it. Up to the supplier to say yes or no.
 
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Illegal how? Anti-trust stuff?

Seems like it was just Amazon wanting to pay a lower price, and Reggie saying "no".
There is a difference between saying "we will buy x amount of consoles for y dollars" which is a legal offer and negotiating tactic. It is illegal to be like "we want the lowest price because we are trying to get rid of our competitors".

To be fair Walmart is notorious for doing this exact thing. They do it with soda and other big consumer items and the government does nothing about it.
 
I cancelled my Splatoon Raiders preorder and told Amazon it was because Walmart had it cheaper. 3 days later and they ended up price matching Walmarts price.

They are absolutely still very much concerned with competing against Walmart in their videogame department.
 
Retailers ask for discount deals all the time for anything.
Retailers are asking for kickbacks in order to hide the true purchase price. He was asked to help commit financial fraud. You can't refund people under the table that isn't put in the books, which was what Amazon was asking.
 
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Retailers are asking for kickbacks in order to hide the true purchase price. He was asked to help commit financial fraud. You can't refund people under the table that isn't put in the books, which was what Amazon was asking.
Where does it say the funds Amazon ask for were illegal under the table deals not in the books?
 
There is a difference between saying "we will buy x amount of consoles for y dollars" which is a legal offer and negotiating tactic. It is illegal to be like "we want the lowest price because we are trying to get rid of our competitors".

To be fair Walmart is notorious for doing this exact thing. They do it with soda and other big consumer items and the government does nothing about it.
Because it's not actually illegal.

Just because a company has a general policy to be lowest price in the market (which Walmart often does have) doesnt mean it's illegal. Often times Walmart's lowest price isnt even because they got the best cost concessions from the supplier. In fact based on experience their costs are good but not even that great. You got tier 2 or tier 3 retailers who can negotiate better costs sometimes. But Walmart is happy working on lower margins because they sell lots of volume.

Starting costs are based on an agreed upon price before 1 unit has even sold yet. Maybe console are different but zero times in history have I ever seen a Walmart cost price agreed upon based on ordering XXX amount of product. They can buy 1 unit and still get that price. Any retailer can have extra discounts based on promos or escalator deals etc...., but the starting cost is based on selling 1 unit.
 
Reggie dropping bombs. I'm glad he's still "pro" Nintendo. They really do seem like a great company to work for.
 
Kickbacks are illegal. You are either selling or not selling. Gifting free money separately that is deliberately hiding the true purchase price is accounting manipulation.
Fixed fee payouts, annual vendor agreements with payouts, keep product x on the shelf an extra year and the supplier will pay $10k, etc.... happens all the time at any retailer and supplier.

And you dont have to offer the same deal to every customer. Nor do you have to offer every product to every retailer too.
 
Huh? Since when is that illegal? Lol

Walmart operates by demanding lower prices for products too.
Because it's not actually illegal.

Just because a company has a general policy to be lowest price in the market (which Walmart often does have) doesnt mean it's illegal. Often times Walmart's lowest price isnt even because they got the best cost concessions from the supplier. In fact based on experience their costs are good but not even that great. You got tier 2 or tier 3 retailers who can negotiate better costs sometimes. But Walmart is happy working on lower margins because they sell lots of volume.

Starting costs are based on an agreed upon price before 1 unit has even sold yet. Maybe console are different but zero times in history have I ever seen a Walmart cost price agreed upon based on ordering XXX amount of product. They can buy 1 unit and still get that price. Any retailer can have extra discounts based on promos or escalator deals etc...., but the starting cost is based on selling 1 unit.
Yes, you two gents, who are clearly also the heads of major multi billion collar corporations, know better about what NoA can and can't legally do with partners than Reggie Fils-Aime, ex-President and COO of NoA.

Brilliant, heady stuff guys. Truly.
 
Seriously, we are so used to ceos breaking the law that we need to take their word when they said something is illegal.

You can't break the law to your advantage if you didn't understand the law. Crooks know best when laws are broken.
 
Yes. Amazon seeking lower prices from Nintendo compared to Walmart so they can undercut them is illegal. It violates antitrust laws. From what I am reading, it was already a crime of conspiracy for Amazon to ask that of Nintendo, irregardless of if it went through or not.
There is nothing illegal about that though. Wanting lower prices is allowed. What antitrust law does it violate? If Amazon had said stop selling at walmart and I would cut my take that would be illegal but what law does haggling a lower supplier price break?
 
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I'm actually baffled how many people in this thread don't understand how anti-trust laws work and they think this was legal.

Just because the government ignores this shit when they should be prosecuting it doesn't make it legal. This is an open shut case of an anti-trust violation. It's not even up for argument.

I don't get it. How is it illegal when Amazon is eating the cost? Walmart does that for everything.
Amazon wasn't going to eat the cost. They wanted Nintendo to eat the cost and agree to go along with their anti-competitive illegal tactic.
 
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Amazing that some people here thinks they have more knowledge about the subject than a former president of a billionaire company advised by a massive legal department… Gaf never fails 🤣.
 
Not illegal at all. What's Reggie smoking? He's smarter than that. He's just doing some PR assuming the general public doesnt know any better.

Retailers ask for discount deals all the time for anything.

Just say no.

If Amazon wants to sell for cheaper go ahead. Noboby is stopping them. Just like you can get anything at Costco for $5 cheaper than everyone else, including gaming gift cards at 10% off which no other store does. But of course they will ask for funding first instead of eating it. Up to the supplier to say yes or no.
It is illegal if the purpose is to undercut fair competition. One retailer having a temporary marketing promotion that another doesn't have is legal. A permanent discount so that one retailer can have a lower price than all others is not. The only way it's justified is if the retailer is buying in quantities sufficient to actually lower the cost of producing the product for the retailer.

Costco doesn't always sell exactly the same product that other retailers sell, or in the same quantities. If I want spaghetti at Costco I have to buy 5 lbs in bulk whereas it's sold in increments of 1 lb at the grocery store. Costco can also give up some margin on non bulk items because you pay an annual fee to even be able to shop there, so they have a revenue stream to subsidize lower prices. You also have limited selection at Costco. You can't go there and get everything you can at a Walmart or Target. They focus only on products where bulk sales make them money and they offer loss leading prices on some items by giving up their profit margin to get you in the door. They give up $100 on a TV to get your membership fee and then go buy their bulk grocery items, too.
 
Amazing that some people here thinks they have more knowledge about the subject than a former president of a billionaire company advised by a massive legal department… Gaf never fails 🤣.
Nobody is saying they have more knowledge than the exec or lawyers regarding the matter. They're asking what amazon wanted exactly because asking for lower prices from the supplier isn't illegal unless they offer something to Nintendo to coercive them into raising prices elsewhere. Why would Nintendo stop selling there too? Just sell your product for the same price you do to other retailers and problem solved.

To me it feels like Amazon took the loss on Nintendo products themselves and Nintendo stopped supplying them to try to keep their higher prices elsewhere. Nintendo tried to stop lower prices by Amazon to protect the other retailers. Nintendo wasn't trying to stop itself from doing something illegal though Amazon taking losses may be Amazon doing something grey area because amazon has a habit of taking losses on products to drive out competition to then aquire it. Look at the case of diapers.com vs amazon for example.
 
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Nobody is saying they have more knowledge than the exec or lawyers regarding the matter. They're asking what amazon wanted exactly because asking for lower prices from the supplier isn't illegal unless they offer something to Nintendo to coercive them into raising prices elsewhere. Why would Nintenod stop selling there too? Just sell your product for the same price you do to other retailers and problem solved.

To me it feels like Amazon took the loss on Nintendo products themselves and Nintendo stopped supplying them to try to keep their higher prices elsewhere. Nintendo tried to stop lower prices by Amazon to protect the other retailers. Nintendo wasn't trying to stop itself from doing something illegal though Amazon taking losses may be Amazon doing something grey area because amazon has a habit of taking losses on products to drive out competition to then aquire it. Look at the case of diapers.com vs amazon for example.
Amazon didn't want that deal, that is the issue that Reggie is pointing here. Amazon wanted a illegal deal.
 
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Amazon didn't want that deal, that was the issue that Reggie is pointing here. Amazon wanted a illegal deal.
"Amazon wanted a illegal deal". People are asking what's illegal about it because "I want a lower price" isn't an illegal deal or part of antitrust laws despite what centralscrutiniser claims.
 
"Amazon wanted a illegal deal". People are asking what's illegal about it because "I want a lower price" isn't an illegal deal or part of antitrust laws despite what centralscrutiniser claims.
👇
Amazing that some people here thinks they have more knowledge about the subject than a former president of a billionaire company advised by a massive legal department… Gaf never fails 🤣.
 
"Amazon wanted a illegal deal". People are asking what's illegal about it because "I want a lower price" isn't an illegal deal or part of antitrust laws despite what centralscrutiniser claims.
As i already said, Amazon wants a discount that was off the books. Amazon is asking Nintendo to offer a sell price that is recorded, and then give Amazon money separately that would thus lower the amount they paid but not in the original transaction. there is no reason to do this other than fraud. If you ask for a discount you would say it. You don't ask for money you give them to be partially paid back to you as a gift.
 
No, is a random guy opinion vs a legal team advice advice of a billionaire company. Is simple logic.
Your argument is just circular reasoning, sorry.

As i already said, Amazon wants a discount that was off the books. Amazon is asking Nintendo to offer a sell price that is recorded, and then give Amazon money separately that would thus lower the amount they paid but not in the original transaction. there is no reason to do this other than fraud. If you ask for a discount you would say it. You don't ask for money you give them to be partially paid back to you as a gift.
Why does Nintendo give Amazon money? I'm not understanding the alleged scheme very well. I don't see that in the source either but even if true wouldn't that just be fraud.
The claim was this:

Yes. Amazon seeking lower prices from Nintendo compared to Walmart so they can undercut them is illegal. It violates antitrust laws. From what I am reading, it was already a crime of conspiracy for Amazon to ask that of Nintendo, irregardless of if it went through or not.

And there is nothing illegal about that. Nintendo could say no and offer to sell at normal price only but that didn't happen either. To me it appears like Amazon was just trying to muscle Nintendo to a lower price or not sell on Amazon.

This scheme of under the table handouts to cook books I've not heard/read about but I don't really understand how it allegedly works either.
 
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Your argument is just circular reasoning, sorry.


Why does Nintendo give Amazon money? I'm not understanding the alleged scheme very well. I don't see that in the source either but even if true wouldn't that just be fraud.
The claim was this:



And there is nothing illegal about that. Nintendo could say no and offer to sell at normal price only but that didn't happen either. To me it appears like Amazon was just trying to muscle Nintendo to a lower price or not sell on Amazon.

This scheme of under the table handouts to cook books I've not heard/read about but I don't really understand how it allegedly works either.
How did Reggie ever get the job over you? Damn you know everything.
 
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