本文主要是研究將轉售價格維持作為廠商縱向約束關係中的一種重要方式，也是反壟斷執法機構所關注的一類重要的廠商行為。在頒佈和實施《反壟斷法》之後，中國大陸逐漸出現了一些關於轉售價格維持訴訟的案件，例如銳邦公司訴強生公司案、茅臺五糧液案等，在這些案件中大陸司法部門和反壟斷執法機構都從經濟學的視角列明瞭轉售價格維持的競爭效應。轉售價格維持作為一種常見的企業行為，對於市場競爭環境同時具有促進競爭效應和反競爭效應。但當前關於轉售價格維持的競爭效應存有爭論，它受到市場結構、產品情況、消費者需求等多種因素的影響。在一方面，轉售價格維持能夠消除雙重加價、解決服務外部性、進行產品品質證明等，從而能夠促進經濟效率；另一方面，轉售價格維持有利於生產商或者零售商進行合謀或者排斥競爭對手，從而限制了市場競爭。這就使得對於轉售價格維持的案件的判定需要根據“合理推定”的原則，依據經濟學分析來考察具體案件的競爭效應和反競爭效應。基於現實的迫切需要，本文總結了國內外關於轉售價格維持的研究結果，分析出轉售價格維持的競爭效應，從三個角度闡述了轉售價格維持的競爭效應：轉售價格維持促進競爭的效應、轉售價格維持限制競爭的效應和轉售價格維持競爭效應不確定的觀點。

This paper aims to study resale price maintenance (RPM) as one of the significant aspects for companies in their vertical restraint relationships. Also, RPM and its business behavior has been a focus for anti -monopoly enforcement agencies. After enactment of the Anti-Monopoly Law, there have been several cases related to RPM in Mainland China, such as the case brought by Ruibang Yonghe Technology and Co., Ltd. (Rainbow) against Johnson & Johnson, and the case against liquor producers Maotai and Wuliangye. In these cases, the Ministry of Justice as well as the anti-monopoly enforcement agency both used economic principles and analyses looking into the competitive effect of RPM. As an approach commonly adopted by and among companies, RPM can both facilitate competition as well as having anti-competitive effect. However, presently there is still much controversy regarding the competitive effect of RPM, as it is affected by various factors, such as market structure, product condition, consumer needs and so forth. On the one hand, RPM can eliminate double mark-up, resolve service externalities and provide product quality certification, which in turn facilitate economic efficiency. On the other hand, RPM allows manufacturers or retailers to collude in excluding competitors, which in turn limits competition in the market. As a consequence, determination of RPM cases need to base on the principle of rebuttable presumption where the competitive and anti-competitive effects are examined in accordance with economic analysis. Due to the pressing need by current circumstances, this paper looks at the research materials, domestic and foreign, which have been performed on RPM so far to analyze the competitive effect of RPM in addition to elaborating the competitive effect of RPM from the following three aspects: RPM’s effect on facilitating competition, RPM’s effect on limiting competition, as well as the uncertainty on the competitive effect of RPM.