NEW YORK – Yesterday, in a win for merchants and consumers, the Second Circuit denied American Express’ motion for a stay of the court-ordered permanent injunction in the case: United States of America et al. v. American Express Co. et al., while the case makes its way through the appeals process.

The injunction, which was issued by Judge Gaurafis of the Eastern District of New York in late April 2015, was the grand finale to an antitrust case brought by the U.S. Justice Department and 17 state attorneys general that ended in the fall of 2014. Specifically, the injunction would prohibit Amex from enforcing certain Non-Discrimination Provisions contained in AmEx’s merchant contracts, which prevent merchants from steering customers to credit cards with lower fees.

Despite AmEx’s best efforts to convince the court that a stay would serve the public interest and was necessary to prevent the “harm that AmEx will suffer from lost charge volume, cardholders and good will absent a stay,” the Second Circuit rejected the company’s arguments. The court did, however, agree to hear the appeal on an expedited basis.