美国对纵向价格约束行为的规制经历了一个从形式区分到效果评估的过程。在法律适用上,早期强调行为的形式,借助行为划分对行为进行定性,决定是适用当然违法原则还是合理原则。随着《反托拉斯法》理论与实践的发展,美国逐渐进入效果评估阶段,不再强调行为的类型,取而代之注重分析行为时市场竞争的影响,以其市场效果评估来决定适用怎样的法律原则。 The regulation of the vertical price restraint in the United States has undergone a process of discrimination from form to effectiveness. In the application of law, the early emphasis on the form of behavior, with the behavior of the conduct of qualitative classification, the decision is to apply the principle of natural law or reasonable principle. With the development of the theory and practice of “antitrust law”, the United States has gradually entered the stage of effect evaluation, no longer emphasizing the types of behavior, and instead focuses on the analysis of the impact of market competition when acting, and decides which legal principles to apply based on its market effect assessment.