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Nope, Still Nintnedo's problem, remember these retailers don't care about Nintendo's image or how their products are advertised or set up, that's Nintendo's business and since Nintendo buys shelf space then they can demand how there products are shown and where they are located, such as at the front of the shop or near the back.

At the end of the day retailers are there to move products and make money, they don't care if the WiiU and Wii games are jumbled, they just care that they sell, if Nintendo doesn't like it they can have this sorted and the retailer will comply...so it may seem that maybe, just maybe Nintendo may not care either.