TURKISH COMPETITION AUTHORTIY – INVESTIGATION INTO SUBSCRIPTION-BASED VIDEO STREAMING PLATFORMS CONCLUDED THROUGH COMMITMENTS

15/06/2026

 

The Turkish Competition Authority (“TCA”) initiated an investigation into subscription-based video-on-demand platforms on 27 February 2025, focusing on content and talent exclusivity practices and Netflix’s conduct in the production of Turkish content. The TCA examined whether Netflix engaged in discriminatory practices in selecting independent producers for the production of Turkish content, whether it imposed unfair contractual terms on Turkish producers, and the competitive effects of content and talent exclusivity clauses included in agreements entered into by Netflix, BluTV, Disney+, Amazon Prime Video, Exxen and Gain with content owners and creative talent, including actors, directors and screenwriters.

In order to address the competition concerns identified during the investigation, Netflix submitted a comprehensive set of commitments relating to: (i) increasing the transparency and accessibility of the selection process for independent producers and content, (ii) limiting content exclusivity practices, (iii) eliminating exclusivity arrangements concerning actors, directors, screenwriters and other creative talent, and (iv) amending certain contractual provisions with Turkish producers that may give rise to competition concerns. These commitments are intended both to improve independent producers’ access to the Netflix platform and to eliminate potentially exclusionary effects arising in content production and distribution processes.

Commitments Regarding the Selection Process for Independent Producers and Content

• For a period of five years, a specified proportion of Netflix-branded Turkish content will be produced by production companies that have not previously worked with Netflix.
• For three years, Netflix will organize at least one “Pitch Day” in each calendar year, enabling at least 80 producers, directors and screenwriters from across Türkiye who have not previously worked with Netflix to present their projects directly to Netflix. The selection criteria for participants will be publicly disclosed and the application process will be made readily accessible.
• Pre-determined evaluation criteria will be applied in the assessment of Netflix-branded Turkish content, and Netflix’s global content executives will actively participate in the evaluation process.
• Applications and project submissions made to Netflix will be evaluated within a maximum of 120 days and applicants will receive a reasoned written response.

Commitments Regarding Content Exclusivity

• Exclusivity periods applicable to Netflix-branded Turkish films will be shortened, and a revenue-sharing model will be implemented with producers during a portion of the exclusivity period.
• Producers of Netflix-branded Turkish series will be granted non-exclusive rights to distribute such content through linear television channels outside Türkiye and transactional video-on-demand services outside Türkiye.
• Producers will be entitled to share in revenues generated from the international distribution of content and, subject to certain conditions, to receive per-episode bonus payments.
• Exclusivity periods applicable to non-branded Turkish films and series will be reduced, and existing agreements will be amended accordingly.
• Rights relating to original or commercial music used in connection with content will only be assigned or licensed to Netflix for the duration of the relevant exclusivity period.

Commitments Regarding Talent Exclusivity

• Direct exclusivity arrangements with actors, directors, screenwriters and other members of the creative talent pool will be discontinued.
• Netflix will exercise due care to ensure that the scope and duration of exclusivity provisions included in agreements between production companies and creative talent engaged in Netflix productions are appropriately limited.
• Guidelines applicable to producers will be amended to include measures preventing the roles of producer, casting director and talent manager from being performed by the same individual or by persons belonging to the same economic unit.
• Netflix will refrain from entering into agreements containing non-compete obligations that tie Turkish producers or distributors to a particular platform.
• Netflix will not enter into agreements granting it exclusive rights over all content produced by a producer.

Commitments Regarding Agreements with Turkish Producers

• Netflix will introduce measures aimed at strengthening producers’ position in negotiations concerning the production and financial terms of subsequent seasons of Netflix-branded Turkish series.
• Independent third-party producers will not be prevented from applying for or benefiting from public incentive and support schemes.

Disney+, BluTV, Amazon Prime Video, Exxen and Gain also offered commitments aimed at addressing competition concerns arising from content and talent exclusivity practices. These platforms committed to limiting exclusivity periods for both branded and non-branded content, shortening such periods under certain conditions in exchange for revenue-sharing or reimbursement mechanisms, and refraining from establishing direct or indirect exclusivity arrangements with creative talent involved in Turkish branded productions. They further undertook to avoid practices that could create de facto exclusivity in relationships between third-party producers and creative talent, to prevent the concentration of casting, production and talent management functions within the same economic unit, and to refrain from imposing non-compete obligations on producers or entering into agreements granting exclusivity over all content produced by a producer.

The TCA accepted the commitments offered by the investigation parties, rendered them binding, and terminated the investigation under the commitment procedure without making any finding of infringement by desicion dated 30 April 2026.

(TCA, 12.06.2026)

 

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