The Autorité De La Concurrence’s Recommendations For The Online Video Content Creation Sector

Introduction

On 18 February 2026, “Autorité de la concurrence” (hereinafter the “Autorité”) published Opinion No. 26-A-02 on the functioning of competition in the online video content creation sector in France.¹ The opinion followed the Autorité’s own-initiative investigation launched in May 2024 to examine the competitive dynamics of an industry that has rapidly evolved into a significant component of the French audiovisual ecosystem. The report analyses the relationships among the principal stakeholders of the ecosystem—including content creators, online platforms, audiences, advertisers and talent agencies—and evaluates how the growing concentration of digital platforms, algorithmic content distribution and generative artificial intelligence ("AI") affect competition in these markets. Rather than proposing immediate regulatory intervention, the Autorité issued seven recommendations intended to improve transparency, strengthen the bargaining position of content creators and preserve effective competition in an increasingly platform-driven digital environment.

1. Strengthening the Bargaining Position of Content Creators

The Autorité first emphasises the structural imbalance in bargaining power between individual content creators and their commercial partners, particularly large online platforms. Given this asymmetry, it encourages creators to make greater use of the legal protections available under the existing legal framework when negotiating commercial agreements. The report also calls upon professional organisations, such as the Union des Métiers de l'Influence et des Créateurs de Contenu (UMICC), to continue supporting creators by providing legal assistance, model agreements, practical guidance and training programmes. According to the Authority, improving creators' awareness of their contractual rights would help reduce information asymmetries and enable more balanced commercial relationships throughout the ecosystem.

2. Transparency in the Use of Generative Artificial Intelligence

The report also addresses the increasing role of generative AI in online content creation. The Autorité considers that whether a video has been created by generative AI may itself constitute a parameter of competition, as consumers may value AI-generated and human-created content differently. Consequently, it recommends that operators of generative AI systems, together with online platforms, ensure that AI-generated video content can be clearly identified. Such transparency would enable users to make informed choices while preserving fair competition between different categories of content.

3. Fair and Transparent Revenue-Sharing Mechanisms

A further concern identified in the report relates to the monetisation of online content. Since revenue-sharing conditions are generally determined unilaterally by platforms, content creators often have limited visibility regarding the criteria affecting their remuneration. The Autorité therefore calls upon platforms to ensure that revenue-sharing arrangements are implemented fairly and that the underlying rules are applied in a transparent manner. Greater transparency would allow creators to better understand the economic consequences of their activities and reduce uncertainty arising from opaque monetisation policies.

4. Greater Transparency of Recommendation Algorithms

The Autorité further recommends that platforms provide greater transparency regarding the operation of their recommendation algorithms. Since algorithmic recommendations largely determine the visibility and commercial success of online content, creators should be able to understand the principal factors influencing the dissemination of their videos. Moreover, transparency should not be limited to the initial design of recommendation systems but should also encompass subsequent modifications and updates to algorithmic processes. Such information would enable creators to better anticipate changes affecting the visibility of their content while improving the predictability of platform governance.

5. Transparency and Accountability in Content Moderation

The report also focuses on content moderation practices. Given the significant economic consequences that moderation decisions may have for creators, the Autorité urges platforms to ensure greater transparency when implementing moderation measures. Content creators should receive clear explanations regarding the reasons for removing content, reducing its visibility or imposing other sanctions. Increased transparency in moderation would improve procedural fairness while strengthening trust between platforms and creators.

6. Effective Human Review and Communication Mechanisms

Transparency alone, however, is considered insufficient. The Autorité therefore recommends that platforms devote adequate human and technical resources to ensure that creators can communicate with qualified platform representatives whenever they experience an unexplained reduction in content visibility or become subject to moderation measures. Accessible communication channels would provide creators with meaningful opportunities to seek clarification, challenge erroneous decisions and reduce the adverse effects of automated decision-making systems.

7. Competition Law Risks of Unfair Algorithmic Practices

Finally, the Autorité highlights the potential application of competition law to algorithmic recommendation systems and content moderation. Where platforms unilaterally determine the conditions governing content visibility, the unfair implementation of recommendation algorithms or moderation measures may constitute an abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union and Article L.420-2 of the French Commercial Code. In particular, the Autorité warns against strategies whereby platforms systematically favour content that is especially profitable for them or, in the future, proprietary content generated entirely by their own AI systems. Such practices could distort competition between creators, reinforce platform market power and significantly reduce the diversity of content available to consumers.

Concluding Remarks

The Autorité de la concurrence’s recommendations extend well beyond traditional concerns relating to contractual fairness. They establish a broader competition policy framework for digital content ecosystems by addressing the interaction between platform governance, algorithmic transparency and generative AI. Collectively, the recommendations seek to mitigate the structural dependence of creators on large digital platforms while preserving competitive neutrality, innovation and content diversity. As online platforms increasingly function as gatekeepers of digital attention, the report is likely to serve as an influential reference for future competition law enforcement and regulatory initiatives concerning digital platforms both within France and across the European Union.

Footnote

^{1 Opinion on competition in the online video content creation sector in France, Autorité de la concurrence, 18 February 2026. https://www.autoritedelaconcurrence.fr/sites/default/files/commitments/2026-07/26-A-02_EN_compressed.pdf (Access Date: 24.07.2026)}

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