Nintendo established the Switch as a steadfast pillar in the current generation of the Console Wars. The Switch swiftly overtook the competition with its unique hardware and cache of family-friendly party games. Unfortunately, one problem plagues the pristine record of the industry-disrupting console. A pervasive Joy-Con drift issue leaves players with barely functioning controllers. Drifting only adds minimal distraction gameplay but for dedicated gamers, it's a huge problem. Nintendo's inaction finally triggered an inquiry by the European Commission.

Initial Drift

The Nintendo Switch dominated living rooms around the globe since launching in 2017. The pervasive drifting issue persisted alongside the console's short illustrious history. Several players complained about the Joy-Con's tendency to eventually develop drifting problems. Nintendo's general response to the issue has been nothing short of disappointing. Nintendo dominates the Japanese markets but they've landed themselves in hot water in the EU. A spokesperson from the European Commission confirmed the beginning of an inquiry on the hardware issue.

“The European Commission will carefully consider all the elements brought forward by BEUC together with the national consumer authorities in the coming weeks to assess the need for further investigation into the matter and a possible coordinated action as foreseen under the Consumer protection cooperation (CPC) regulation.”

The European Commission acted against nefarious companies in the past. Several companies were compelled to adjust their practices after an investigation by the commission. The EC provided no clarification on what it would enforce Nintendo to change should they reach that conclusion in the inquiry.

No drifting away this time

The initial complaint demanded that Nintendo offer free repairs for existing Joy-Cons. Additionally, several players pushed for Nintendo to change the design of Joy-Cons to avoid the drift issue in the future. Didier Reynders, the Commissioner for Justice, expressed concerns over “early obsolescence” in a brief statement.

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“Early obsolescence is a growing concern for all consumers. The Commission acts against such trends and empowers consumers in the green transition. We are preparing a new legislative initiative aiming to provide consumers with better information on products’ sustainability, including durability, and better protection against certain practices, such as early obsolescence.”

Nintendo apparently tangled with the EC in the past. The European Commission imposed a hefty fine due to Nintendo's past transgressions in the EU. This proves the EC's capability in taking control of the game creators and hardware developers that fall under the purview of their region's operations.

The European Commission could launch a full-scale investigation on the Joy-Con issue depending on the results of its inquiry. Players across the EU filed “nearly 25,000” complaints filed to the European Consumer Organization regarding the Joy-Con problem. Undoubtedly, it's a hairy situation for Nintendo given the likeliness that they wish to continue operating in the EU. This will hopefully protect future consumers from hardware developers overlooking certain shortcomings in their products.