If they win, the US government collected taxes they shouldn't and those would be returned. Saying the "US taxpayer will pay for it" is equivalent to saying the US taxpayer pays for your tax refund. (And also, Nintendo is a "US taxpayer.")
I don't see how the consumer won in any of this.
It's about if the United States is a country that respects the rule of law, or some failed 3rd world state, where the law is only respected if the dear leader likes it.
The first one is much better for economic development
But this will only further build up the low trust society when it feels like consumers only lose and never gains any of society's benefits.
Play stupid games, win stupid prizes
But I guess yes, first past the post is a stupid game.