Which was related to mpg. The only way they could meet the high mpg numbers they advertised and meet emission standards was to cheat with a chip that would give low emissions/high mpg on the dyno but then boost emissions when on the road and give the power people expected (along with crappy mpg).The issue there was a different one, of course, about emissions.
Nuance missing in your question, as usual. Every company tries to maximize or minimize, as the rules allow. I think we can agree on that. VW was clearly emitting above the allowable thresholds. So that's an illegal action, no matter what motivated them.
Tesla has, to our knowledge, worked within what the rules allow. That is not illegal action.
No one has said Telsa did anything illegal here. Just that they took a flawed system and knowingly used every loophole imaginable to bump the range up to numbers they knew most people wouldn't get. Something Porsche hasn't done.