Switzerland initiates a competition investigation regarding Google's disappearing Android choice screen.

      Switzerland's Competition Commission initiated a preliminary investigation into Google on Tuesday, as the search engine selection prompt that Android users in other parts of Europe still encounter when setting up a new device has ceased to appear on Swiss smartphones. This feature, referred to as the Choice Screen, allows users to choose their preferred search engine during the initial setup of a device. COMCO indicated that Google has recently removed this option for Swiss users while continuing to provide it within the European Economic Area.

      As a result, consumers in Switzerland now automatically receive Google Search as their default option without any prompt for selection. "This new practice by Google might hinder the competitiveness of search engine providers and, more broadly, affect other digital service providers," the authority commented in a statement. It also pointed out that this alteration creates an imbalance between Swiss users and those located in the European Economic Area.

      Google acknowledged awareness of the investigation. "We anticipate cooperating fully with the authority to address their inquiries," stated a spokesperson, although the company has not provided any explanation for discontinuing the screen in Switzerland.

      It is important to clarify the nature of the instrument being employed here. The preliminary investigation, known as Vorabklärung, is the least intensive measure available to the Swiss competition authority. It involves no charges, deadlines, or assumptions of misconduct, and is solely intended to determine if there are indicators of unlawful competitive restrictions under the Cartel Act. Should any be found, a comprehensive investigation can follow, at which point remedies and fines could be considered.

      What makes this case intriguing is the reasoning behind it. COMCO contends that default settings significantly influence digital markets, asserting that the choice screen was designed to mitigate the foreclosure effect caused by defaults. The elimination of this screen means rival search engines lose visibility precisely when users are most likely to reconsider their options, consequently raising market entry barriers.

      The commission articulated this concern rather bluntly, stating that removing the feature "could reduce the visibility of competing search engines during device setup, consequently increasing market entry barriers." From this perspective, the choice screen was not merely a user-friendly option; it functioned as an essential correction in the market landscape.

      The stakes are substantial, as Google is reported to command roughly 82% of the Swiss search market, according to web analytics firm Statcounter. This dominance makes the choice screen appear less like a genuine opportunity for competition and more like a mere formality. However, competitors can make gains when conditions change; for instance, DuckDuckGo saw its installations surge by 18% following changes Google made to its results page involving AI summaries, indicating that there is demand for alternatives when users are prompted to explore them.

      The choice screen is a European concept, central to this issue. It was established due to intervention from Brussels, originating from the Android abuse case that resulted in a €4.1 billion fine against Google, and more recently through obligations imposed on gatekeepers under the Digital Markets Act.

      Switzerland, however, is outside of both frameworks. It is not part of the EEA, is not affected by the DMA, and its regulatory body must establish evidence of dominance abuse through traditional means. This presents a significant disparity; in the EU, the Commission is preparing to compel Google to allow rival AI assistants on Android and has already outlined what search data Google needs to share with competing platforms.

      Switzerland lacks such regulatory tools. It operates under a cartel law, faces a dominant firm, and is now contending with a feature that was present in June but absent now. COMCO also mentioned that any findings could impact how default settings are evaluated on other mobile devices, a remark that might resonate with companies in Cupertino. There is currently no timeline established for the preliminary investigation.

      Google has not yet been accused of any wrongdoing, and a preliminary investigation can conclude without any findings. Nonetheless, it has been posed a question to which it has not yet provided an answer: Why has Switzerland been chosen, and why at this time?