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100 Wash. U. L. Rev. 1725 (2022-2023)
The Centralization Paradox in Cryptocurrency Markets

handle is hein.journals/walq100 and id is 1767 raw text is: 






         THE CENTRALIZATION PARADOX IN
             CRYPTOCURRENCY MARKETS

                             YESHA   YADAV*

                          TABLE   OF CONTENTS

I. DECENTRALIZATION, CENTRALIZATION, AND EXCHANGES .............. 1732
    A. Marketplace  Without Intermediaries..........................................1732
    B. Crypto-Exchanges   as Centralizing Intermediaries ....................1735
      1. What Crypto-Exchanges  Do......................................................1736
      2. Why Are Crypto-Exchanges   So Centralized?............................1737
II. THE PROBLEM   OF HYPER-CENTRALIZATION IN CRYPTO MARKETS. 1744
    A . Informational Failures ...............................................................1745
    B. The Governance   Challenge ........................................................1750
CONCLUSIONS ........................................................................................ 1756

                             INTRODUCTION

   The  costly and highly public collapse of cryptocurrency exchange FTX
has highlighted two key phenomena   central to crypto-market design.' First,
despite  its originating claims  to  decentralization, crypto-markets  are
anchored  by exchanges  that operate in a profoundly centralizing manner. In
other words, single organizations act as anchor intermediaries to perform a
variety of critical functions: marketing, trading, risk management, lending,
venture investing, infrastructure building, and so on.2 A number of crypto-
exchanges   have  grown  rapidly  into complex   and  significant financial
enterprises, whose operations create externalities reaching far beyond the
walls of their own  firm. That is, the failure of these large and important
firms imposes  costs on third parties that can be high and unpredictable for



   *     Milton R. Underwood Chair, Associate Dean and Professor of Law, Vanderbilt Law School.
I am enormously grateful for the extraordinarily diligent and careful work of the editors of the
Washington University Law Review, in particular, Nicole Chandonnet, Alissa Gilmer, Tiffany
Middlemas, Yi Zhang, and Aubrey Zimmerling. All errors are my own.
   1.    Joshua Oliver, Nikou Asgari & Kadhim Shubber, FTX: Inside the Crypto Exchange That
'Accidentally' Lost $8bn, FIN. TIMES (Nov. 18,2022), https://www.ft.com/content/913ff750-dl f4-486a-
9801-e05be2004IcI [https://perma.cc/D36Y-MQ9B]; Kadhim Shubber & Bryce Elder, Revealed: The
Alameda Venture Capital Portfolio, FIN. TIMES (Dec. 6, 2022), https://www.ft.com/content/aaa4a42c-
cfcc-4c60-9dc6-ba6cccb599c6 [https://perma.cc/LPC8-Y56Y].
   2.    See, e.g., Marco Dcll'Erba, Crypto-Trading Platforms as Exchanges 37-39, 41-45 (2023)
(unpublished manuscript) (on file with author) (noting that 62% of global crypto exchanges surveyed
by the author were centralized-further detailing the range of functions performed by exchanges);
Shubber & Elder, supra note 1.


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