According to its press release of 30 April 2026, the Swiss Competition Commission (COMCO) has opened two new investigations in the digital advertising sector. The investigations concern alleged agreements relating to so-called keyword bidding and involve companies in the travel industry and the Swiss online casino sector.
Background
Companies can bid on specific keywords through search engine advertising platforms to increase the visibility of their products or services in search results. Particularly valuable are brand-related keywords associated with competing businesses. According to several leniency applications, COMCO suspects that companies in two different sectors agreed not to bid on certain keywords, in particular competitors‘ brand names. The investigations concern three providers of package holidays and almost all Swiss online casino operators. The alleged objective of these arrangements was to avoid direct competition in search results and protect each company’s online visibility.
Current status
COMCO is assessing whether reciprocal agreements not to bid on certain keywords constitute unlawful agreements restricting competition under the Swiss Cartel Act. The preliminary theory of harm is that refraining from bidding on competitors‘ keywords may have distorted search results and made it more difficult for consumers to compare competing offers. As the investigations are ongoing, the presumption of innocence applies.
Key takeaways
These investigations demonstrate that competition law scrutiny extends well beyond traditional markets into the digital economy. Agreements concerning online advertising strategies—even where they appear commercially efficient or are regarded as common industry practice—may raise significant antitrust concerns. Given the importance of online visibility and discoverability, businesses operating in Switzerland should ensure that their competition law compliance programmes also address digital marketing practices, including search engine advertising. Particular attention should be paid to any agreements, understandings or contacts with competitors concerning online advertising strategies.
COMCO’s press release is available here (in German, French and Italian only).
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