2026.10.27. The Fair Economy — The Fair Trade Commission has decided to impose a corrective order and a fine of 20.114 billion won (about $14.6 million) on Samsung Electronics for omitting from its advertisements the fact that maximum performance is limited immediately upon running high-spec games. Samsung Electronics configured the Galaxy S21 and S22 series and the Tab S8 series to lower the upper limit of the operating speed of the central processing unit (CPU) and graphics processing unit (GPU) when high-spec games are executed. The limit dropped to as low as about 30% of maximum performance.
The Fair Trade Commission announced on the 27th that it would take this action against Samsung Electronics.
The corrective order prohibits the same conduct in the future. The Fair Trade Commission determined that Samsung Electronics' advertisements constitute 'deceptive advertisements' under Article 3, Paragraph 1, Item 2 of the 'Act on Fair Labeling and Advertising' (Labeling and Advertising Act).
The advertising period was from January 15, 2021 to March 21, 2022 for the S21 series, and from February 10 to March 10, 2022 for the S22 series and Tab S8 series. Samsung Electronics emphasized game performance in its website, promotional videos, new product launch events (Unpacked), and press releases. The advertisements included phrases such as "The fastest 5nm AP in Galaxy history, hard carry for high-spec games" and "The ultimate in mobile gaming experience."
The device at issue is the Game Optimizing Service (GOS). It is a heat management system applied to game apps, divided into general policies and individual policies. General policies adjust performance according to conditions such as device temperature. Individual policies limit performance immediately upon launching specific high-spec games, regardless of conditions. This method limits the maximum performance of the CPU and GPU of the application processor (AP) as pre-determined.
For example, when running 'Battlegrounds: New State' on the S22 series, the CPU maximum operating speed (clock) was limited from 2.99 GHz to 0.94 GHz. The GPU was limited from 818 MHz to 220 MHz. These are 31.4% and 26.9% of maximum performance, respectively. The number of games subject to restriction was 82 for the S21 series, 47 for the S22 series, and 8 for the Tab S8 series.
The Fair Trade Commission divided its judgment on illegality into three parts. Regarding deception, it cited that the fact of performance limitation was not indicated at all in the advertisements. Regarding consumer misconception, it noted that numerous complaints and damages from consumers who believed game performance would be excellent as implied by the ads were raised through reviews and media reports. Regarding hindrance of fair trade, it found that consumers' rational purchasing decisions were hindered because they could have chosen other alternatives had they known about the limitation information.
The period around 2021 was a time when high-spec PC games were being introduced to mobile devices and premium smart devices were growing rapidly. Game execution performance was considered an optimal indicator for demonstrating the performance of premium devices, and many manufacturers emphasized it in their advertisements. Consumers also considered game execution performance information important when buying expensive devices. Samsung Electronics enabled users to set a 'Game Performance Mode' that removed maximum clock limits and relaxed temperature control through a software update around March 2022.
Since the update date varied by device, the Fair Trade Commission regarded the date the maximum clock limit was lifted as the end of the advertising conduct. The Fair Trade Commission explained that the significance lies in confirming that if an advertisement highlights a specific performance as a selling point, any important limitations affecting that performance must be clearly indicated so consumers can recognize them. It plans to continue monitoring unfair labeling and advertising to ensure that information important for consumers' rational purchasing decisions is accurately provided.
Samsung Electronics announced on the 27th that it finds the decision difficult to understand given that all domestic and international lawsuits have concluded and complaints filed with the Fair Trade Commission by litigation participants have been withdrawn, and that it will actively explain its position through legal procedures. It maintains that users of high-spec games with GOS applied account for less than 5% of all users, making it difficult to view as important information for purchase decisions.
Horizon Law Group, representing Samsung Electronics, stated on the same day, "Samsung Electronics sincerely participated in the Fair Trade Commission's deliberations and actively cooperated in explaining the facts and providing materials," adding, "We find it difficult to agree with the Fair Trade Commission's conclusion."
It further stated, "GOS is an optimization feature to improve users' gaming experience," and "It is a function that coordinates device operation for the optimal user experience." It added, "It is difficult to accept the judgment that it was deceptive advertising simply because the specific optimization operation method was not included in the advertisement content."
It also indicated its intention to proceed with litigation, saying, "We plan to actively demonstrate through legal proceedings that the advertisements in question do not violate the Labeling and Advertising Act." It added, "We will continue our efforts to transparently provide product information and maintain consumer trust without change."
All eight consumer lawsuits filed domestically and internationally regarding GOS have concluded, and no ruling has recognized Samsung Electronics' liability for damages. However, while damages lawsuits examine causation, violations of the Labeling and Advertising Act examine whether there is a risk of misleading consumers, so civil outcomes do not bind the Fair Trade Commission's decision.
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