American Express has agreed to pay 17 states $3.65 million in legal fees if the company fails in its appeal of a judge’s decision that the company’s anti-steering rules breached antitrust laws.

If American Express exhausts its challenge to the findings and orders of Eastern District Judge Nicholas Garaufis and does not obtain a reversal, a stipulation filed Thursday said the company will pay the sum, plus $180,000 in costs.

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