(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 2411 of this title and setting forth the allegations in support of the request.
And 19 USC § 2411 – Actions by United States Trade Representative, defines:

(d)(9) The term “interested persons”, only for purposes of sections 2412 (a)(4)(B), 2414 (b)(1)(A), 2416 (c)(2), and 2417 (a)(2) of this title, includes, but is not limited to, domestic firms and workers, representatives of consumer interests, United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b) of this section.
Nintendo fits the definition. Some ‘interested person’ who has such a complaint is allowed to file allegations. This is specifically where such complaints are supposed to be made. It doesn’t mean anything will happen except that a complaint will be investigated.
 
Abuse, however, would only happen after validation when some retaliatory actions might need to be instituted by the U.S.A. government. Those, of course, would involve international politics in a global economy. It seems unlikely that actions would be undertaken lightly. Interconnections are complex.
 
And that brings it to the real question. Is there evidence of abuse? All possible sanctions of any kind carry a possibility of abuse. That’s what brings modern representational democracy into existence, to have control over possible organs of abuse.
 
So, have there been abuses? And I suppose, since Nintendo was the example, did they cause any? Abuses need to be brought into the open for our system to work.
 
Tom