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liquid-staking-and-the-restaking-revolution
Blog

'Fair' MEV Distribution is a Protocol Design Problem, Not a Market One

The market for MEV is structurally broken, leading to value leakage and centralization. This post deconstructs why efficient markets cannot solve for fairness and argues that protocol-level primitives like in-protocol PBS and threshold encryption are the only viable path forward.

introduction
THE DESIGN FLAW

The Market for MEV is Efficient, Unfair, and Broken

MEV extraction is a rational market outcome, but its distribution is a protocol-level failure that demands architectural solutions.

MEV markets are efficient because searchers and builders optimize for profit, creating the cheapest possible execution for users. This efficiency is why order flow auctions like CowSwap and UniswapX exist.

The distribution is unfair because the protocol's architecture determines who captures value. Permissionless block producers (e.g., Lido validators) and sophisticated searchers capture value that should accrue to users or the protocol treasury.

This is a design problem. Protocols like Flashbots' SUAVE or Osmosis' Threshold Encryption attempt to redesign the transaction supply chain. Fairness requires changing the rules of the game, not asking players to be nicer.

Evidence: Over 90% of Ethereum blocks are built by a handful of builders, demonstrating extreme centralization of MEV capture despite a decentralized validator set.

deep-dive
THE DESIGN FLAW

Why Efficient Markets Cannot Solve for Fairness

Market efficiency optimizes for profit, not equitable outcomes, making it structurally incapable of solving MEV fairness.

Efficiency prioritizes extractors. A perfect MEV market routes value to the most sophisticated actors, not the most deserving. This creates a regressive tax where retail users subsidize professional searchers and block builders.

Markets centralize, protocols can decentralize. Unchecked competition leads to vertical integration and cartels, as seen with dominant builders like Flashbots SUAVE competitors. Protocol-level rules, like proposer-builder separation (PBS), are the only mechanism to enforce distribution.

Fairness is a public good. It requires explicit, non-optional design, similar to how EIP-1559 burned fees to align incentives. Leaving it to the market guarantees it remains under-supplied, benefiting only the extractive layer.

Evidence: The Searcher-Builder Nexus. Over 90% of Ethereum blocks are built by five entities. This is the efficient market outcome, proving that without protocol intervention, MEV distribution becomes an oligopoly.

FAIR MEV DISTRIBUTION

Market vs. Protocol Solutions: A Comparative Analysis

Comparing the fundamental design philosophies for capturing and redistributing MEV, highlighting why protocol-native solutions are architecturally superior.

Core Design PrinciplePure Market (e.g., PBS, MEV-Boost)Hybrid (e.g., CowSwap, UniswapX)Protocol-Native (e.g., Osmosis, DEX with VRF)

Primary MEV Capture Point

Block Builder/Proposer

Solver Network

Protocol Treasury/Stakers

Redistribution Mechanism

Proposer-Builder Separation (PBS)

Surplus Auction & CowDAO

Direct Staking Rewards/Protocol Revenue

User Guarantees

None (Execution Risk)

Conditional (e.g., CoW Swap)

Enforced by Consensus (e.g., Threshold Encryption)

Extractable Value Retained by Protocol/Users

0-10% (via tips)

90% (via auction mechanics)

95% (via on-chain capture)

Reliance on Off-Chain Trust

High (Trusted Relays, Builders)

Medium (Solver Reputation, DAO)

Low (Cryptographic/Consensus Proofs)

Integration Complexity for DApps

High (Requires RPC/Builder Integration)

Medium (SDK/API Integration)

Low (Built into Chain Logic)

Resistance to Censorship

Low (Builder-Controlled)

Medium (Solver Competition)

High (Protocol-Enforced Inclusion)

Example of Failure Mode

Builder Cartels, Time-Bandit Attacks

Solver Collusion, Failed Auctions

Consensus Attack (51%)

counter-argument
THE REALITY

Steelman: The Case for Market Efficiency

Maximizing extractable value for users is a protocol design challenge, not a market failure to be regulated.

MEV is a resource. It is latent value created by blockchain state transitions. The market for it is inherently efficient; searchers and builders compete to capture it, driving execution quality up and costs down for end-users.

Protocols create MEV. The design of AMM curves, lending liquidations, and NFT marketplaces generates predictable arbitrage. Blaming searchers for this is like blaming gravity for a fall. The solution is better protocol architecture, not market intervention.

Inefficiency is a design bug. Protocols like UniswapX and CowSwap demonstrate that MEV can be internalized and returned to users through intent-based architectures and batch auctions. The failure is in the DEX's order flow, not the searcher's profit motive.

Evidence: On Ethereum, over 99% of arbitrage and liquidation MEV is already returned to users via priority gas auctions and builder competition. The remaining 'dark' MEV stems from poorly designed applications, not a broken market.

protocol-spotlight
DESIGN PATTERNS

Protocol-Level Solutions in the Wild

Protocols are embedding MEV redistribution mechanisms directly into their consensus and execution layers.

01

The Problem: Validators Extract, Users Pay

In a standard PoS chain, validators capture all MEV from front-running and arbitrage, creating a regressive tax on users. This centralizes stake and incentivizes sophisticated, opaque infrastructure.

  • Result: ~$1B+ annual MEV extracted on Ethereum alone.
  • Consequence: User slippage and failed transactions subsidize the validator set.
$1B+
Annual Extract
>40%
Stake Centralization Risk
02

The Solution: MEV-Boost Auctions & PBS

Proposer-Builder Separation (PBS) externalizes block building via a competitive auction (e.g., MEV-Boost). This creates a transparent market where builders bid for block space, and validators (proposers) capture a share of the revenue.

  • Key Benefit: Democratizes access to MEV revenue for all validators.
  • Key Benefit: Separates block production from execution, reducing centralization pressure.
>90%
Ethereum Blocks
~85%
Revenue to Proposers
03

The Solution: MEV Redistribution via Consensus (Osmosis)

Osmosis bakes MEV capture directly into its AMM. A portion of arbitrage profits from each block is siphoned into a community pool or distributed to stakers via the protocol itself.

  • Key Benefit: Recaptures value for the protocol and its stakeholders.
  • Key Benefit: Reduces the incentive for off-chain, predatory arbitrage bots.
100%
On-Chain Capture
Protocol-Owned
Revenue Sink
04

The Solution: Encrypted Mempools & Threshold Decryption (Shutter)

Shutter Network uses threshold cryptography to encrypt transaction contents until a block is proposed. This prevents front-running and sandwich attacks at the protocol level by blinding searchers.

  • Key Benefit: Eliminates a dominant class of harmful MEV.
  • Key Benefit: Preserves composability and user experience of a public mempool.
~0s
Front-Run Window
TEE/MPC
Trust Model
05

The Solution: Order Flow Auctions (OFA) & SUAVE

SUAVE is a dedicated chain for preference expression and block building. It allows users and wallets to auction their transaction order flow directly to builders, capturing value for themselves.

  • Key Benefit: Flips the model: users auction their intent, not builders their blocks.
  • Key Benefit: Unbundles the block building market, increasing competition.
User-Owned
Flow Auction
Specialized Chain
Architecture
06

The Problem: PBS Without Redistribution is Incomplete

Standard PBS ensures fair distribution among validators but does nothing for users. The builder still extracts maximum value from user transactions. This is a market solution, not a user-centric protocol fix.

  • Result: MEV supply chain becomes more efficient, but the economic burden remains on users.
  • Consequence: Requires additional layers (like OFAs or encrypted mempools) for full fairness.
Efficiency Gain
For Builders
Zero Redistribution
To Users
takeaways
FAIR MEV IS A DESIGN PROBLEM

TL;DR for Protocol Architects

Market-based MEV distribution is a prisoner's dilemma. Protocol-level design is the only way to enforce fairness.

01

The Problem: MEV Auctions are Inherently Centralizing

Selling block space to the highest bidder (e.g., via MEV-Boost) cements searcher-searcher competition, not user benefit. This creates a positive feedback loop where the largest capital wins, leading to validator centralization and predictable, extractive outcomes.

  • Key Benefit 1: Identifies the core flaw in market-based solutions.
  • Key Benefit 2: Explains why 'fairness' cannot be an emergent property of a pure auction.
>90%
MEV-Boost Relay Usage
5-10
Dominant Searchers
02

The Solution: Encode Fairness in Execution

Design protocols where the execution path itself determines MEV distribution. This means moving from passive order-taking to active rule-setting. Examples include CowSwap's batch auctions with uniform clearing prices, or UniswapX's fill-or-kill intents with Dutch order decay.

  • Key Benefit 1: Removes the need for a centralized, trust-based auctioneer.
  • Key Benefit 2: Aligns builder/protocol incentives directly with user outcomes.
~$2B+
TVL in Intent-Based Systems
0%
Extractable Slippage
03

The Mechanism: Commit-Reveal & Cryptographic Fair Ordering

Force builders to commit to a block's content before seeing its full value. This can be done via threshold encryption (e.g., Shutter Network) or verifiable delay functions (VDFs). The goal is to create a cryptographic time-lock on transaction information, neutralizing frontrunning.

  • Key Benefit 1: Eliminates the information asymmetry that enables predatory MEV.
  • Key Benefit 2: Creates a level playing field for all searchers.
~500ms
Reveal Delay
100%
Pre-Execution Privacy
04

The Implementation: Proposer-Builder Separation (PBS) is Not Enough

Ethereum's PBS (via MEV-Boost) outsources the problem; it doesn't solve it. True protocol-level PBS must be in-protocol and credibly neutral, with rules for block construction baked into consensus. This is the goal of Ethereum's enshrined PBS (ePBS) roadmap.

  • Key Benefit 1: Removes reliance on a cartel of trusted relays.
  • Key Benefit 2: Bakes fair ordering rules directly into the blockchain's state transition function.
2025+
ePBS ETA
0
Trusted Third Parties
05

The Metric: Quantify 'Fairness' with MEV Burn & Redistribution

If you can't eliminate MEV, capture and redistribute it. MEV burn (destroying auction proceeds) is a blunt but effective tool. More sophisticated designs use MEV smoothing or MEV sharing (e.g., distributing captured value to stakers or a public goods fund). This turns a negative externality into a protocol resource.

  • Key Benefit 1: Transforms extractive value into a public good.
  • Key Benefit 2: Creates a measurable KPI for fairness (e.g., % of MEV captured vs. extracted).
$500M+
Annual MEV Burn Potential
100%
Redistribution Rate
06

The Precedent: Learn from Cosmos, Solana, and Sui

Other chains are live labs. Cosmos's Skip Protocol offers MEV-aware block space markets. Solana's Jito bundles and auctions. Sui's Narwhal & Bullshark consensus separates transaction dissemination from ordering. Analyze their trade-offs: speed vs. fairness, centralization vs. liveness.

  • Key Benefit 1: Provides real-world data on different architectural choices.
  • Key Benefit 2: Highlights the spectrum between maximal extraction and enforced fairness.
~400ms
Solana Block Time
3+
Major Design Paradigms
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Fair MEV Distribution is a Protocol Design Problem | ChainScore Blog