Competition Inquiry into Digital Platforms

The Competition Board has initiated a competition inquiry into digital platforms. Netflix, Disney+, Exxen, BluTV, Amazon, and Gain are included in the investigation. The Board will also examine the relationships of the platforms with producers and actors.
The Competition Board has opened an investigation into Netflix, Disney+, Exxen, BluTV, Amazon, and Gain, subscription-based video-on-demand services that offer content such as films and series. According to a statement published on the Competition Authority’s website, the preliminary inquiry concerning these ventures has been concluded. The statement indicated that a preliminary investigation was conducted based on the allegation that these ventures violated the Law on Protection of Competition, with the Board finding the information and evidence obtained to be serious and sufficient.
The statement mentioned that an investigation had been decided to be carried out into Netflix Inc., Los Gatos Turkey Broadcasting Services Inc., Los Gatos Turkey Media Entertainment Ltd., and Los Gatos Turkey Management Support Services Ltd. (Netflix), The Walt Disney Company Media Entertainment and Trade Ltd., and Disney XD Television Broadcasting Inc. (Disney+), Exxen Digital Broadcasting Inc. (Exxen), BluTV Communication and Digital Broadcasting Services Inc. (BluTV), Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon Seller Services Private Limited, Amazon Digital UK Limited, Amazon Turkey Retail Services Ltd., and Amazon Turkey Video Digital Broadcasting Inc. (Amazon), as well as Gain Media Inc. (Gain).
ACTOR RELATIONSHIPS WILL ALSO BE EXAMINED
Regarding the inspections to be conducted within the scope of the investigation, the statement provided the following information: “In the investigation opened, it will be examined whether Netflix has violated the law through behavior such as discrimination among producers/distributors/copyright holders and talent people included in casts of productions based on exclusivity conditions advanced within the scope of licensing agreements for content, favoritism towards its own original productions against independent producers’ productions, and abuse of dominant position. Furthermore, it will be investigated whether Netflix, Disney+, Exxen, BluTV, Amazon, and Gain have violated the law through exclusive contracts concluded with content providers such as producers, distributors, or talent crew members such as actors, directors, and screenwriters, and other competition-restricting agreements and practices.” It is worth noting that the investigation decisions taken by the board do not imply that the ventures or partnership of ventures subject to investigation have violated the law and are facing or will face sanctions.