The Secretariat of the Swiss Competition Commission (COMCO) has launched a preliminary investigation into Microsoft concerning recent increases in software licensing fees in Switzerland, amid concerns that the changes may restrict competition in violation of Swiss antitrust law.
The investigation follows complaints received by the competition authorities regarding high price increases for Microsoft product licenses, in particular for Microsoft 365. According to COMCO, the increases affect a broad range of users, including private-sector businesses as well as numerous public authorities, public enterprises and other government-related entities.
The stated aim of the preliminary investigation is to determine whether the observed fee increases constitute indications of an unlawful restriction of competition within the meaning of the Swiss Cartel Act. At this stage, the procedure is exploratory in nature and does not prejudge the existence of an infringement.
If the Secretariat identifies sufficient indications of anticompetitive conduct, it may recommend the opening of a formal investigation against Microsoft. COMCO has also indicated that it may consider involving the Swiss Price Supervision Authority, reflecting the potential relevance of price regulation and public interest considerations in the assessment.