Created in 1995, the commission is subordinated to the Federal Department of Economic Affairs, Education and Research but operates independently.

It is made up of twelve members (on a militia basis) and will employ around seventy people in 2023.

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.