I- Background
The Turkish Competition Authority (“TCA”) concluded the investigation initiated by its decision dated 27 February 2025 (Decision No. 25-08/185-M) against Netflix, BluTV, Disney+, Amazon Prime Video, Exxen and Gain (subscription-based video-on-demand (“SVOD”) platforms) through the commitment procedure by accepting the commitments submitted by the parties under Decision No. 26-16/498-181 dated 30 April 2026.
The investigation examined, from a competition law perspective, the commercial relationships established by digital streaming platforms with independent producers, their content and talent exclusivity practices, and the contractual arrangements concluded with producers as well as professionals involved in the production process who contribute artistically or technically to productions, including actors, directors and screenwriters (the “Talent”). In particular, the TCA assessed whether the exclusivity practices adopted by digital streaming platforms holding significant market positions could restrict competition in content production, the talent market and independent producers’ access to the market, and rendered the commitments offered by the parties legally binding.
II- Key Commitments Offered by Netflix
The commitments submitted by Netflix introduce significant changes regarding independent producers’ access to the platform, content exclusivity, talent exclusivity and contractual practices.
Independent producers’ access to the platform. Netflix committed that, for a period of five (5) years, a certain proportion of its branded Turkish content would be produced by production companies that had not previously worked with Netflix. In addition, for three (3) years, Netflix undertook to organise at least one annual “Pitch Day”, enabling at least eighty (80) producers, directors and screenwriters from across Türkiye who had not previously collaborated with Netflix to present their projects. Netflix also committed to publicly disclose the selection criteria and to assess project applications within 120 days, notifying applicants of the outcome together with the reasons for its decision.
Content exclusivity. Netflix committed to shorten the exclusivity periods applicable to its Original Turkish films and series (“branded” content), as well as Turkish content that does not qualify as an Original production and is made available on the platform through licensing arrangements (“non-branded” content). In addition, for branded Turkish films, Netflix committed to introduce a revenue-sharing model with producers during a portion of the exclusivity period. With respect to branded Turkish series, Netflix undertook to grant producers non-exclusive distribution rights outside Türkiye through linear television channels and transactional video-on-demand (“TVOD”) services. Furthermore, the rights relating to original musical works and commercial music incorporated into such content will only be assigned or licensed to Netflix for the exclusivity periods stipulated under the commitments.
Talent exclusivity. Netflix committed not to impose exclusivity obligations on actors, directors, screenwriters or other members of the Talent. It also undertook to exercise due care with respect to exclusivity provisions contained in agreements between production companies and the Talent, to ensure that the roles of producer, casting director and talent manager are not performed by the same person or entities within the same economic unit, and not to enter into agreements with Turkish producers containing non-compete obligations or granting exclusivity over all content produced by such producers.
Production agreements. Netflix further committed not to impose contractual restrictions preventing independent producers from applying for or benefiting from government incentives in relation to the production of branded Turkish content or subsequent seasons of branded Turkish series.
III- Commitments Offered by Other Platforms
Disney+, BluTV, Amazon Prime Video, Exxen and Gain also submitted commitments addressing content and talent exclusivity.
Content exclusivity. The platforms committed to limit the exclusivity periods applicable to their branded (Original) and non-branded Turkish content to specified maximum periods. They further undertook to allow the shortening of such exclusivity periods under certain conditions through revenue-sharing mechanisms and the reimbursement of part of the production costs to producers.
Talent exclusivity. The platforms committed not to enter into agreements containing direct or indirect exclusivity provisions with actors, directors, screenwriters or other members of the Talent in relation to branded Turkish content to be made available in Türkiye, nor to engage in practices producing the same effect. They also undertook to notify third-party producers in writing that they should refrain from imposing exclusivity obligations on the Talent and from assigning the roles of producer, casting director and talent manager within the same economic unit. In addition, the platforms committed not to enter into agreements with producers or distributors established in Türkiye containing non-compete obligations or granting exclusivity over all content produced by a producer.
IV- Assessment
The TCA’s decision constitutes one of the most significant recent competition law decisions concerning the production, licensing and contractual relationships established by digital streaming platforms with the Talent. By limiting content and talent exclusivity, enhancing transparency in independent producers’ access to digital platforms and encouraging revenue-sharing models, the decision aims to strengthen competition in Türkiye’s digital streaming sector.
The decision is also expected to prompt a reassessment, from a competition law perspective, of production, licensing and talent agreements entered into between digital streaming platforms, producers and members of the Talent. Accordingly, streaming platforms are expected to align their contractual practices with the commitments accepted by the TCA, particularly with respect to exclusivity provisions. The decision is therefore likely to have a significant impact not only on the commercial practices of digital streaming platforms but also on contractual practices across the media and entertainment industry.