Competition Commission of Switzerland

The members of COMCO are appointed by the Federal Council.[2] It is composed of eleven to fifteen members.[3] The Cartel Act stipulates that the majority of COMCO members must be independent experts.[3] However, some members may be representatives of umbrella organizations.

The members hold a militia position, i.e. it is not a full-time post, but the members carry out another activity in parallel (e.g. university lecturer). Commission members must, however, declare their interests.[3] The umbrella organisations represented on the Commission in 2023 were the Swiss Trade Union Federation, the Swiss Farmers' Union and Economiesuisse.[4]

The commission is administratively attached to the Federal Department of Economic Affairs, Education and Research but carries out its activities independently,[5] so that it is not bound by directives issued by the Federal Administration. This independence is important for the role of the COMCO because the State is often the subject of proceedings before the commission (as the owner, operator or regulator of a market, for example in the case of Swisscom, which is majority-owned by the Confederation). However, according to experts in this field quoted by the Tages-Anzeiger in 2018, political pressure can be felt when the COMCO tackles major dossiers that are considered sensitive.[6]

In 2005, the OECD recommended that Switzerland guarantee effective independence for the COMCO; in particular, it criticised the presence of representatives of the main trade associations on its board.[7]