Merchants who accept
American Express still cannot influence their customers to use other forms of
payment that cost the merchants less. Amex long has prohibited such
"steering" via its merchant agreements, but the U.S., Department of
Justice won a U.S. district court suit in February 2015, winning merchants the
eventual right to steer customers away from paying with American Express. After
some legal jostling, though, the anti-steering rules were still in place in
December 2015, when Amex won a stay, thus preserving the status quo until
Amex's appeal traversed the courts. This week, the appeals court ruled in favor
of Amex, thus preserving Amex's anti-steering rules. BTN's sister publication, The
Beat, analyzes the appeals court's decision further here.