You can't have pricing agreements that are anti-competitive (in this case, it would be since GS has exclusive rights to the game). Activision may have told stores they can't discount the game for a certain number of weeks or beyond a certain point, but really, there's nothing stopping the stores from doing so, other than Activision not willing to deal with them in the future (which is unlikely, unless it's a very small retailer). Most stores probably wouldn't care about "no discount" rules though, since they make more money by keeping the price at MSRP.
Companies can have agreements on sales, promotions (Greatest Hits pricing, value packs) and also on how the game is displayed but these types of agreements have to be offered universally to all stores and one store cannot get an offer that's better/worse than what's offered to other retailers. As for whether stores adjust their prices to reflect any discounts/credits the store received are another story. But as far as I know, it's illegal to have type of pricing agreement where a publisher requires a retailer to sell the item for a specific price.
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off and buy it new for half as much at other retailers. This isn't an option with Xenoblade, since they're the sole retail outlet for it. They could have left the plastic wrap on, sold it at MSRP and advertised it as "NOW BACK IN STOCK!", but they didn't. They're goosing their inventory to make almost double the money and it's shady as 
