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Krafton announced its acquisition of Subnautica developer Unknown Worlds on October 29, 2021, describing the studio as wholly owned but operationally independent. A 2026 Delaware Court of Chancery ruling later found that Krafton breached the acquisition agreement by terminating key employees without valid cause and improperly taking operational control. The court restored Edward Gill as CEO with operational authority, but left potential earnout damages for a later phase.
What Krafton announced in 2021
Krafton announced its decision to acquire Unknown Worlds on October 29, 2021, as part of a strategy to add experienced developers and expand its intellectual-property portfolio. It described Unknown Worlds as its sixth independent studio. The announcement identified the studio’s work as including the Natural Selection Half-Life mod and commercial sequel, Subnautica, and Subnautica: Below Zero. Krafton’s announcement said the games had been released for PC and consoles and had gone through early access before their official launches.
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Krafton said Unknown Worlds would be wholly owned while continuing to operate as an independent game-development studio. It said the studio’s structure and leadership would remain in place to preserve its creative identity. That was the public description of the intended arrangement; the later dispute concerned how the parties’ agreement allocated operational authority and how Krafton exercised it.
What the acquisition agreement provided
The Delaware Court of Chancery’s 2026 opinion in Fortis Advisors, LLC v. Krafton, Inc. recounts that Krafton acquired all outstanding equity in Unknown Worlds for $500 million upfront. The agreement also made key employees and other team members eligible for a performance earnout of up to $250 million. The 2021 announcement did not disclose these figures.
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Earnout formula and timeline
Under the agreement, revenue through December 31, 2025 determined earnout eligibility, subject to a contractual extension option. The court described a formula requiring $3.12 in earnout payments for each dollar of revenue above a $69.8 million threshold, up to the $250 million cap.
Operational authority
The agreement gave key employees authority over material matters including the product roadmap, launch, planning, partnerships, budgeting, and employee matters. It also set out grounds for termination for cause. Those terms became central to the litigation: the dispute was not simply whether the parties had different management preferences, but whether Krafton respected the authority and termination protections in the agreement.
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What the Delaware court decided in March 2026
After an expedited trial, Vice Chancellor Lori W. Will ruled for Fortis Advisors on the Phase One claims. The court found that Krafton breached the agreement by terminating key employees without valid cause and improperly seizing operational control of Unknown Worlds. It also found Krafton’s later justifications pretextual. These are the court’s findings, not merely allegations by one side.
The remedy for studio control
The court ordered Edward Gill reinstated as CEO with full operational authority. That authority included deciding when to proceed with Subnautica 2 early access. Krafton was enjoined from impeding Gill’s authority and ordered to restore the Steam publishing access needed to exercise it. Charlie Cleveland and Max McGuire were not returned to their former peripheral roles.
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Earnout period extended; damages not decided
The court extended the base earnout testing period by 258 days, setting September 15, 2026 as the new deadline. Fortis retained a contractual option, subject to the agreement’s notice conditions, to extend the period to March 15, 2027.
The Phase One opinion did not decide whether Krafton wrongfully impaired the earnout or whether it owes damages for revenue lost because of the alleged impairment and litigation delays. The court reserved those questions for Phase Two. The March 16, 2026 opinion therefore resolves the Phase One breach and operational-control claims, not the ultimate damages dispute. Read the Delaware Court of Chancery opinion.
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