The Trade Competition Commission of Thailand (TCCT) is seeking public comments on a draft notification that would regulate service fee structures for ride-hailing and on-demand delivery services. The public hearing is open until November 19, 2026.
The draft notification proposes a framework governing service fee structures in Thailand’s ride-hailing and on-demand delivery sectors. According to the draft, these services play an important role as public services—which the draft also characterizes as “essential facilities”—and operate through multisided platform business models that rely on algorithm-based pricing mechanisms, including GP (gross profit) commissions and surge pricing. The proposed framework seeks to address concerns relating to market power, competition, consumer welfare, and fair, reasonable, and nondiscriminatory (FRaND) treatment of drivers and workers in the platform economy.
Among other things, the draft would require certain platform operators to justify and transparently disclose service fees and, depending on their level of market power, notify or obtain approval from the TCCT before implementing fee increases.
Scope and Key Features
The draft notification would apply to digital platform operators providing ride-hailing services or on-demand delivery services, including food delivery and quick commerce services.
The proposed requirements would apply to two categories of operators:
- Platform operators holding market dominance whose market share and sales turnover exceed the thresholds under the existing TCCT notification on criteria for business operators with market dominance; and
- Platform operators possessing market power under the TCCT guidelines on unfair trade practices causing damage to other business operators, meaning those with a market share of at least 10%.
Platform operators with market shares below 10% would be excluded from scope.
In determining market definition and market share, the TCCT may consider factors such as network effects, multisided platform structures and digital platform ecosystems, economies of scale and scope, access to and use of big data, user and consumer numbers, switching costs, single-homing and multihoming behavior, price structures, and vertical integration.
Truth in Billing Requirements
Covered platform operators would be required to conduct business in accordance with FRaND principles unless they have reasonable justification for doing otherwise, respect applicable laws and international best practices, and not exercise market power or a dominant position unfairly.
The draft notification would require operators to determine and collect service fees based on necessary (“used and useful”) costs and appropriate consideration for the use of the services. The definition of service fees is broad and includes compensation, fees, advertising expenses, promotional expenses, other expenses, and other consideration charged to users.
Operators would also be required to:
- Clearly disclose and itemize service fees and fee structures;
- Ensure that service fees are reasonable and transparent;
- Avoid fee arrangements that may confuse, mislead, or unduly burden users; and
- Enable users to review and challenge incorrect charges.
Any fee charged to a trading partner would need to have a lawful justification related to the benefits received by users. Operators would also be required to explain the basis for the charge, including relevant costs and any monetary or nonmonetary benefits associated with the fee.
New Governance Framework for Fee Increases
The draft notification introduces different approaches to the implementation of fee increases depending on whether a platform operator possesses market power or holds a dominant market position.
For operators with market power under light-handed supervision, a fee increase—or any additional fee beyond that agreed with users—would require:
- A pricing policy and supporting justification;
- A preliminary impact assessment report; and
- Notification to users and the TCCT at least 90 days before implementation.
If the TCCT takes no action within 30 days after the fee increase takes effect, it will be deemed to have no recommendations or concerns.
For operators holding a dominant market position under ex-ante supervision, a fee increase would require:
- A pricing policy and supporting justification;
- An impact assessment report; and
- An application for TCCT approval submitted at least 180 days before implementation.
The TCCT may approve, make recommendations, or raise concerns within 180 days. If the TCCT does not act within this period, approval will be deemed granted and the TCCT to have no recommendations or concerns.
TCCT Enforcement Powers
Subject to section 60 of the Trade Competition Act B.E. 2560 (2017), the TCCT may issue a written order requiring a platform operator to suspend, cease, or modify a fee increase within 120 days from the date on which the increased fee is collected or proposed to be collected.
The review periods under both regimes would also be suspended where information submitted by the operator is deficient, incomplete, or requires correction, and would resume only once the TCCT considers the information complete.
Business Outlook
The TCCT has recently taken a more active approach to supervising digital platform businesses, including enforcement action against major platform operators. While the TCCT has maintained that it does not intend to act as a price regulator, the draft notification signals closer scrutiny of excessive pricing and exploitative abuse—issues that have also attracted attention from competition authorities in other countries where digital platform businesses dominate domestic markets. The draft remains subject to change following the public hearing, and the final requirements may differ from those described above.
Operators with market power or holding a dominant market position should monitor the consultation process and assess how the proposed requirements may affect existing service fee structures and future fee adjustments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
