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4. Competition Law Considerations
BTC Core’s control over the Bitcoin protocol, combined with their selective disclosure of changes, can also be argued as an abuse of a dominant position under competition law. Under Article 102 of the Treaty on the Functioning of the European Union (TFEU), companies or entities in a dominant market position cannot abuse that power to limit competition or harm other market participants.
BTC Core’s actions foreclose competition by making it difficult for alternative implementations of Bitcoin to gain traction. The selective disclosure of protocol changes gives certain businesses an unfair competitive advantage. This abuse of dominance can be raised as part of the legal argument supporting the Interveners’ claims, particularly where their harm stems from BTC Core’s ability to dictate the protocol’s future direction.
The United Brands Co v Commission [1978] ECR 207 case, which dealt with the abuse of a dominant position by restricting market access and imposing unfair conditions, is relevant here. BTC Core’s control over the Bitcoin protocol and their selective communication regarding changes could be seen as creating barriers to entry and limiting fair competition within the ecosystem.
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Conclusion
To be included in the legal proceedings as Interveners, miners, developers, and businesses must demonstrate that they have suffered substantial financial harm due to BTC Core’s protocol changes. This requires submitting formal applications under CPR 19.2 and providing strong evidence of detrimental reliance. By leveraging relevant case law, competition law, and best practices in legal procedure, the Interveners can establish their right to join the case and ensure that the full extent of BTC Core’s harm to the Bitcoin ecosystem is properly adjudicated.
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CSW
Oct 23, 2024
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