Source: OJ L 150, 9.6.2023, pp. 40–205

Current language: EN

Article 91 Prohibition of market manipulation


    1. No person shall engage in or attempt to engage in market manipulation.

    1. For the purposes of this Regulation, market manipulation shall comprise any of the following activities:

      1. unless carried out for legitimate reasons, entering into a transaction, placing an order to trade or engaging in any other behaviour which:

        1. gives, or is likely to give, false or misleading signals as to the supply of, demand for, or price of, a crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;;

        2. secures, or is likely to secure, the price of one or several crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; at an abnormal or artificial level;

      2. entering into a transaction, placing an order to trade or any other activity or behaviour which affects or is likely to affect the price of one or several crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, while employing a fictitious device or any other form of deception or contrivance;

      3. disseminating information through the media, including the internet, or by any other means, which gives, or is likely to give, false or misleading signals as to the supply of, demand for, or price of one or several crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, or secures or is likely to secure, the price of one or several crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, at an abnormal or artificial level, including the dissemination of rumours, where the person who engaged in the dissemination knew, or ought to have known, that the information was false or misleading.

    1. The following behaviour shall, inter alia, be considered market manipulation:

      1. securing a dominant position over the supply of, or demand for, a crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, which has, or is likely to have, the effect of fixing, directly or indirectly, purchase or sale prices or creates, or is likely to create, other unfair trading conditions;

      2. the placing of orders to a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, including any cancellation or modification thereof, by any available means of trading, and which has one of the effects referred to in paragraph 2, point (a), by:

        1. disrupting or delaying the functioning of the trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; or engaging into any activities that are likely to have that effect;

        2. making it more difficult for other persons to identify genuine orders on the trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; or engaging into any activities that are likely to have that effect, including by entering orders which result in the destabilisation of the normal functioning of the trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;;

        3. creating a false or misleading signal about the supply of, or demand for, or price of, a crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, in particular by entering orders to initiate or exacerbate a trend, or engaging into any activities that are likely to have that effect;

      3. taking advantage of occasional or regular access to the traditional or electronic media by voicing an opinion about a crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, while having previously taken positions on that crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, and profiting subsequently from the impact of the opinions voiced on the price of that crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, without having simultaneously disclosed that conflict of interest to the public in a proper and effective way.

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