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Safe Bank

Published: 2025-08-29

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

Mikołaj Górny Logo ORCID
Section: Problems and Opinions
https://doi.org/10.26354/bb.8.2.99.2025

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.

JEL Codes

K22, K42

Citation rules

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

Cited by / Share

Vol. 99 No. 2 (2025)
Published: 2025-08-29


ISSN: 1429-2939
eISSN: 2544-7068
Ikona DOI 10.26354

Publisher
Bankowy Fundusz Gwarancyjny

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