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Because they act by contact or ingestion, it is necessary for pests to cross the treated space

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Supreme Court (1990), although Albrechts continuing validity was not squarely before the Court, some disfavor with that decision was signaled by our statement that we would assume, arguendo , that Albrecht correctly held that vertical, maximum price fixing is subject to the per se rule. More significantly, we specifically acknowledged that vertical maximum price fixing may have procompetitive interbrand effects, and pointed out that, in the wake of GTE Sylvania , the procompetitive potential of a vertical maximum price restraint is more evidentthan it was when Albrecht was decided, because exclusive territorial arrangements and other nonprice restrictions were unlawful per se in 1968. Thus, our reconsideration of Albrechts continuing validity is informed by several of our decisions, as well as a considerable body of scholarship discussing the effects of vertical restraints