The Korea Fair Trade Commission found that Samsung Electronics' Galaxy "Game Optimizing Service (GOS)"-related ads were deceptive and assessed the violation as a "serious violation." It said Samsung Electronics highlighted Galaxy's high performance in ads but did not disclose that, in high-spec games, the maximum performance of the central processing unit (CPU) and graphics processing unit (GPU) could be limited to half or less. The sales subject to calculation for the penalty surcharge are about 4 trillion won, and the surcharge calculated by the examiner comes to as much as 64.4 billion won.
According to ChosunBiz reporting on the 3rd, the Korea Fair Trade Commission (FTC) examiner found that when running the high-spec game "Genshin Impact," to which GOS applies, the maximum performance of the CPU and GPU is limited to 46.8% and 42.8%, respectively. The examiner determined this was not simple "optimization" considering heat generation, but a "uniform compulsory measure" that caps maximum performance at a certain level.
GOS is software that manages heat and power consumption by adjusting the performance of components such as the CPU and GPU when a game is running. It had been applied to Galaxy devices in the past, but users could bypass and disable it. In 2022, when the Galaxy S22 was released, Samsung Electronics blocked workarounds, sparking controversy that performance was being limited regardless of user choice.
The Korea Fair Trade Commission (FTC) examiner judged that Samsung Electronics emphasized the CPU and GPU specifications and performance of the application processor (AP) in advertisements, giving the impression that top-tier performance would be fully delivered even in high-spec games, but omitted the fact that, under GOS, maximum performance could be significantly restricted. Defining AP performance as an "essential and core element" of the smartphone, the examiner found that deceptiveness, consumer misleading, and hindrance to fair trade were all established.
Samsung Electronics said GOS is a feature to manage heat and power consumption to provide stable game performance over long periods, and that performance limits in some high-spec games are not important information that would affect ordinary consumers' purchasing decisions. The company argued that because only a very small number of users play games subject to GOS, not indicating this separately in ads does not constitute deceptive advertising.
Earlier, a court recognized that some of Samsung Electronics' advertisements were deceptive. In a damages suit filed by more than 1,800 Galaxy users, the Seoul Central District Court found that, although the speed of some high-spec games was artificially limited, the company ran ads that could mislead consumers to think they could "enjoy the fastest speeds." However, it dismissed the claim for damages, saying causation between actual harm and the ads was not proven. While the first trial held that, given the small number of GOS-applied users, the performance cap was hard to view as important information for ordinary consumers' purchasing choices, the Korea Fair Trade Commission (FTC) examiner judged that AP performance itself is core purchasing information.
The GOS controversy affected consumer trust in Galaxy's performance and heat management. It dovetailed with distrust in the performance competitiveness of Samsung Electronics' in-house mobile AP, "Exynos." Although GOS applied not only to Exynos but also to models equipped with Qualcomm Snapdragon, the following year the Galaxy S23 series dropped Exynos and adopted Snapdragon for all models.
Recently, Samsung Electronics has been expanding the use of Exynos in Galaxy devices again. The next-generation Exynos 2700 is expected to be installed in the Galaxy S27 series next year, and a plan is reportedly underway to apply it even to the top-tier Ultra model. As Exynos regains ground in Galaxy flagships, the past GOS controversy over AP performance is effectively returning to the Korea Fair Trade Commission (FTC) for adjudication.
The examiner assessed the degree of violation as 1.8 points, a "serious violation." Related sales are a total of 402.2837 billion won for the Galaxy S21, S22, and Tab S8 series, and the expected penalty surcharge is 32.182 billion won to 64.365 billion won. A corrective order was also proposed to prevent concealing, omitting, or downplaying the fact of maximum performance limits in future product performance ads.
The Korea Fair Trade Commission (FTC) will deliberate the case at a full commission meeting on Oct. 14. The findings on law violations and the penalty surcharge in the examiner's report reflect the examiner's opinion, and the final determination on any violation and the level of sanctions will be decided at the full commission meeting.