The investigation launched with the Competition Board decision dated 27.02.2025 and numbered 25-08/185-M on subscription-based on-demand video platforms basically examined 

1. If the NETFLIX economic unity acted in a discriminatory manner in the selection process of the independent producers hired to produce the original (branded) Turkish content to be published on the Netflix platform and whether it included unfair terms in the contracts it signed with Turkish producers;

 

2. The exclusivity provisions in the agreements NETFLIX, BLUTV, DISNEY, AMAZON PRIME, EXXEN and GAIN signed with content owners and content right holders such as producers and distributors as well as with the talent such as actors and screenwriters who contributed to the content, 

 

        In this context, NETFLIX offered the following commitments:

1. Concerning the selection process of independent producers and content,

 

• For a period of five (5) years, (.....) portion of the NETFLIXbranded Turkish content will be produced with production companies which did not previously work with NETFLIX;
• For a period of three (3) years, at least 1 Presentation Day would be organized in each calendar year to enable Turkish producers, directors or screenwriters to interact directly with NETFLIX, where at least eighty (80) Participants composed of producers, directors and screenwriters operating across Türkiye which did not previously work with NETFLIX would be given an opportunity to make presentations. In this framework, selection criteria for the participants will be clearly explained with public press releases as well as with an application page on NETFLIX’s own website (https://about.netflix.com/tr/newsroom), and application will be made effectively available;
• The selection process for Branded Turkish Content will involve an assessment with the active participation and approval of NETFLIX Global Content Managers in light of the criteria set out in the Commitments Text, presentations and project applications submitted to NETFLIX will be evaluated within 120 days at the latest, and a reasoned written notification will made to the applicant;

 

2. Concerning content exclusivity practices;

 

• Exclusivity period will be shortened for branded Turkish movies and a revenue sharing model between NETFLIX and the production company will apply for a portion of the exclusivity period; for branded Turkish TV shows, the producer will be granted nonexclusive right of use for the distribution of the content through a Linear TV channel outside of Türkiye or through transaction-based on-demand video services outside of Türkiye; in this context, the producer will be provided opportunities such as receiving a share of the distribution revenues of the content and, under certain conditions, per-episode bonus payments;
• The exclusivity period for nonbranded Turkish TV shows and movies will be shortened and existing contracts will be amended accordingly;
• Music rights for the original musical works or commercial music used in connection with the content will be acquired/licensed by NETFLIX only for the exclusivity periods specified in these commitments;

 

3. Concerning talent exclusivity practices;

• Exclusivity practices will not apply to professionals who make artistic or technical contributions to the production and take part in the production process, such as actors, directors and screenwriters (talent), and due care and attention will also be exercised with regard to the scope and duration of any exclusivity provisions in the agreements concluded between the production companies involved in the creation of its branded content and the talent engaged in such productions;
• Provisions will be added to the guidelines for producers requiring the separation of key roles in the production process of branded Turkish content, such as producers, casting directors and managers, and preventing these roles from being undertaken by the same person or persons belonging to the same economic unity;
• No agreements will be concluded with Turkish production companies or distributors containing noncompete obligations or granting exclusive rights over all content produced by the relevant producer.

 

4. Concerning the terms in the contracts signed with Turkish producers;

 

• During the process of producing and setting the financial conditions for subsequent seasons of branded Turkish TV shows and producing branded Turkish Content, no restrictions will be placed on thirdparty independent producers to apply for and benefit from government incentives.

 

On the other hand, within the framework of the relevant investigation, various commitments were submitted by the parties, with an aim to eliminate the competitive issues created by the exclusivity practices of DISNEY, BLUTV, AMAZON, EXXEN and GAIN concerning content or talent.

With regard to content exclusivity, the parties in question have generally committed to limit the exclusivity periods providing that branded and non-branded content published on their platforms is made available only on their own platforms to maximum durations, and, in this context, that producers will be offered the possibility to shorten such exclusivity periods under certain conditions such as revenue sharing and partial reimbursement of costs.

In order to address the competitive concerns arising from talent exclusivity, the parties concerned have primarily made the following commitments:

• No agreements that contain exclusivity clauses will be concluded with any talent, directly and/or indirectly, concerning branded Turkish content to be broadcast in Türkiye, nor will any de facto practices be implemented that would lead to such a result;
• Due care and attention will be exercised, and written notifications will be made, to ensure that during the development and production of branded Turkish content, thirdparty producers do not impose exclusivity clauses in their agreements or de facto practices involving the talent, and that they do not engage in arrangements having the same effect, such as assigning casting director, producer, and talent management roles to persons/companies belonging to the same economic unit;
• No agreements will be concluded with producers or distributors established in Türkiye that contain noncompete obligations or that grant exclusivity rights over all content produced by the producer.

The commitments submitted by the parties to the investigation were accepted and made binding with the Competition Board decision dated 30.04.2026 and numbered 26-16/498-181, and the investigation was concluded through the commitment procedure.

Respectfully announced to the public.