Published : 2025-08-29

Critical assessment of regulatory options to prevent abuse on the crypto-asset market

Abstract

The aim of Regulation (EU) 2023/1114 on Markets in Crypto-assets (MiCA) is, inter alia, to ensure market integrity and protect investors from market abuse, such as manipulation and insider trading. The provisions of Title VI of MiCA form the foundation of the EU regime for counteracting abuse in the crypto-asset market, defining key concepts and regulatory obligations. The article attempts to assess the adequacy, effectiveness, and proportionality of anti-abuse mechanisms in light of the specific nature of the market in question. A formal-dogmatic research method was applied, consisting of an analysis of the legal text in the context of academic literature and the guidelines of international institutions. The results of the study indicate that although the regulation includes provisions prohibiting abuse in the crypto-asset market, significant concerns may arise due to the lack of direct reference to abuses involving derivatives not traded on an organised market, as well as the omission of detailed rules on investment recommendations. The absence of a duty to report managerial transactions on the crypto-assets market can, in turn, be considered a proportionate solution.

Keywords:

MiCA, MAR, cryptoassets, market abuse, inside information, market manipulation, investment recommendations, managerial transactions

JEL Codes

K22, K42


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Górny, M. (2025). Critical assessment of regulatory options to prevent abuse on the crypto-asset market. Safe Bank, 99(2), 137–156. https://doi.org/10.26354/bb.8.2.99.2025

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