On March 17, 2025, the Turkish Competition Board announced the initiation of an investigation into several major subscription-based, on-demand video service providers, including Netflix, Disney+, Exxen, BluTV, Amazon, and Gain.
The probe follows a preliminary inquiry into potential violations of Act No. 4054 on the Protection of Competition.
In its meeting held on February 27, 2025, the Competition Board determined that the evidence collected and observations made during the preliminary inquiry were substantial enough to warrant further investigation. Accordingly, the Board issued Decision No. 25-08/185-M to examine whether the following entities have engaged in anti-competitive practices:
- Netflix Inc., including its subsidiaries Los Gatos Turkey Yayın Hizmetleri AŞ, Los Gatos Turkey Medya Eğlence Ltd. Şti., and Los Gatos Turkey Yönetim Destek Hizmetleri Ltd. Şti.
- The Walt Disney Company Medya Eğlence ve Ticaret Ltd. Şti. and Disney XD Televizyon Yayıncılık AŞ (Disney+)
- Exxen Dijital Yayıncılık AŞ (Exxen)
- BluTV İletişim ve Dijital Yayın Hizmetleri AŞ (BluTV)
- Amazon.com Sales, Inc., including its subsidiaries Amazon.com Services LLC, Amazon Seller Services Private Limited, Amazon Digital UK Limited, Amazon Turkey Perakende Hizmetleri Ltd. Şti., and Amazon Turkey Video Dijital Yayıncılık AŞ (Amazon)
- Gain Medya AŞ (Gain)
Alleged Violations Under Investigation
The investigation will specifically assess whether Netflix has abused its dominant market position in violation of Article 6 of Act No. 4054. The alleged anti-competitive behavior includes:
- Imposing exclusivity conditions on producers, distributors, and copyright holders through licensing agreements.
- Imposing similar exclusivity conditions on actors, directors, and screenwriters in its talent pool.
- Engaging in discriminatory practices that favor Netflix’s original productions over independent producers operating in Türkiye.
Furthermore, the Competition Board is investigating whether Netflix, Disney+, Exxen, Gain, Amazon, and BluTV have violated Article 4 of Act No. 4054 by entering into exclusivity agreements with content creators, including producers and distributors, as well as talent such as actors, directors, and screenwriters. These agreements and other restrictive practices are suspected of limiting competition in the video streaming market.
Broader Implications
The decision to open this investigation underscores Türkiye’s commitment to ensuring fair competition in the digital content sector. As streaming services continue to expand their influence in the entertainment industry, regulatory authorities are intensifying scrutiny of market practices to prevent monopolistic behavior and protect independent content creators.
The outcome of this investigation could have implications for the structure and operation of the subscription-based streaming market in Türkiye, potentially leading to regulatory changes or sanctions against the involved companies. The Competition Board’s findings will be closely monitored by industry stakeholders and policymakers alike.
