Switzerland launches an investigation into Google for the disappearance of the Android choice screen.

Switzerland launches an investigation into Google for the disappearance of the Android choice screen.

      On Tuesday, Switzerland’s Competition Commission initiated a preliminary investigation into Google after the search engine selection prompt, which Android users in other European countries still encounter when setting up a new device, ceased to appear on Swiss phones. This feature, called the Choice Screen, prompts users to select their preferred default search engine during the initial setup of a new handset. COMCO noted that Google recently discontinued this feature in Switzerland while maintaining it in the European Economic Area. As a result, Swiss consumers are now set to Google Search as their default without any choice.

      The authority stated, “This new practice by Google could hinder the competitive ability of search engine providers and, more broadly, affect other digital service providers.” It emphasized that this change “creates an unequal treatment between Swiss users and those in the European Economic Area.” Google acknowledged that it is aware of the situation, with a spokesperson expressing willingness to cooperate fully with the authority to address their inquiries. However, the company has not provided an explanation for the removal of the screen in Switzerland.

      The tool being utilized is worth clarifying. A preliminary investigation, termed Vorabklärung, is the least intensive measure that the Swiss competition secretariat has at its disposal. It involves no charges, no deadlines, and no assumption of wrongdoing. Its purpose is solely to determine whether there are signs of illegal restrictions on competition as defined by the Cartel Act. Should there be evidence, a comprehensive investigation could follow, during which remedies and fines could be imposed.

      What makes this case intriguing is the rationale behind it. COMCO argues that default settings are crucial in digital markets, and the Choice Screen was established to mitigate the foreclosure effects generated by defaults. Eliminating it diminishes the visibility of competing search engines precisely when a user is most likely to reconsider their choice, according to the regulator’s perspective, which raises barriers to entry. In a less gentle framing, the commission stated that removing the feature “could limit the visibility of search engines competing with Google during device setup, thereby increasing barriers to market entry.” According to this interpretation, the Choice Screen was not merely a user convenience; instead, it served as a corrective measure in the marketplace.

      The significance of the situation is undeniable. Google commands approximately 82% of the Swiss search market, as reported by web analytics firm Statcounter, which makes the Choice Screen appear more like a mere formality than a significant marketplace opportunity. However, competitors have demonstrated that they can capitalize when circumstances change. For instance, DuckDuckGo saw an 18% increase in installations after Google adjusted its results page with AI summaries, indicating there is a demand for alternatives when users are prompted to seek them out.

      The Choice Screen is a European construct at its core. It exists due to actions taken by Brussels, initially through the Android abuse case that resulted in a €4.1 billion fine against Google, and more recently through the obligations imposed on gatekeepers under the Digital Markets Act (DMA). Switzerland is excluded from both frameworks; it is not part of the EEA, the DMA does not apply, and its regulator must prove dominance abuse through more challenging means.

      The disparity is significant. In the EU, the Commission is preparing to mandate that Google allow rival AI assistants access to Android and has already outlined what search data Google must provide to competing engines. Conversely, Switzerland lacks such regulatory mechanisms. It operates under cartel law, has a dominant company to contend with, and a feature that was present in June but is currently absent.

      COMCO also pointed out that any findings could influence how default settings are evaluated on other mobile devices, a remark that could resonate with companies in Cupertino. No timeline for the preliminary investigation has been established. While Google has not yet been accused of any wrongdoing, a preliminary investigation can conclude without any findings. Nonetheless, a question remains that Google has yet to answer: why has this change occurred in Switzerland, and why now?

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Switzerland launches an investigation into Google for the disappearance of the Android choice screen.

Switzerland's COMCO has initiated a preliminary investigation regarding Google's elimination of the Android search choice screen, which is still operational throughout the EEA.