Namco Bandai is taking legal action against The Witcher 2 developer CD Projekt RED, over its decision to switch publishers for the Xbox 360 version of the game to THQ, according to a translated report.
According to a translated report from Polish site CDAction, Namco Bandai claims that CD Projekt RED broke an existing distribution agreement by choosing THQ for publishing duties of Witcher 2 on Xbox 360.
Adam Kicinski, CEO of CD Projekt RED said: "As with most cases, we first tried to end the dispute peacefully. Attempts failed and because of this, we hoped that our partner would send the case to the court.
"The agreement that we signed last year, concerned only the distribution of The Witcher 2 for the PC. The records were carefully clarified to avoid any ambiguity.
"Namco Bandai have options when choosing the priority of our distributor's version of the Xbox 360. It could use, but not taken advantage of certain preferences. In this situation, we chose the offer that THQ made us."
Discussing withheld retail payments for sales of Witcher 2 on PC, Kicinski said it won't affect the developer.
"Our financial situation is very good at the moment and the lack of a few million does not have any impact on current activities," he said. "Withholding of payments means only that after some time, our partner will have to give us the money.
"I hope that the whole thing will end with a pre-litigation settlement. If it doesn't, I am sure that we will win the case and then the loser will pay for our lawyers."