Nintendo feels wrath of Super Mario

Nintendo, the Japanese maker of video games and games-consoles, was hit yesterday with a fine of €149 million for running an …

Nintendo, the Japanese maker of video games and games-consoles, was hit yesterday with a fine of €149 million for running an illegal cartel to keep prices high and restrict the free flow of its products throughout the European Union.

Mr Mario Monti, the powerful European Commissioner for Competition, despite being dubbed Super Mario after a character in the Nintendo games, exhibited no sympathy for his namesake and handed down the fourth-highest cartel fine ever imposed by the Commission on an individual company.

European consumers had, he said, "the right to buy games and consoles at the lowest price the market can possibly offer and we will not tolerate collusive behaviour intended to keep prices artificially high".

In a statement, Nintendo said it would appeal against the size of the fine to the European Court of Justice.

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The Commission also imposed a further €18.8 million in fines on seven of Nintendo's distributors, including John Menzies which has held the distribution rights in Ireland and Britain since 1995.

John Menzies was fined €8.64 million, and said it too might appeal.

The total of €167.8 million in fines was the fifth-highest fine ever imposed by the Commission on a cartel.

The Commission concluded that between 1991 and 1998 Nintendo and its distributors colluded to maintain differences in price between the various EU countries.