WASHINGTON (Bloomberg) ?- Stolt-Nielsen SA, a tanker operator fighting US price-fixing charges, lost a bid at the nation?s highest court to stop the criminal case from going forward.

The Supreme Court made no comment yesterday in rejecting an appeal from the London-based company, which says it is shielded from prosecution by a 2003 immunity agreement with the Justice Department?s antitrust division.

The high court rejection is the second in little more than two months for Stolt-Nielsen, which is accused of taking part in a conspiracy to fix rates for trans-oceanic chemical shipments.

The charges also name Stolt-Nielsen?s Bermuda- and Liberia-based subsidiaries.

The September 6 indictment of the company and two former executives came after the Supreme Court refused to order the government not to seek charges.

Stolt-Nielsen still can ask a federal trial judge in Philadelphia to dismiss the indictment on the basis of the immunity agreement.

The appeal rejected yesterday took a different approach, aiming to revive another trial judge?s order that at one point barred any indictment.

The Philadelphia-based 3rd US Circuit Court of Appeals overturned that ruling in March.

The Justice Department told the Supreme Court that the Stolt-Nielsen appeal was moot, lacking any practical significance, because a grand jury had already handed down the indictment.

Stolt-Nielsen?s Supreme Court appeal drew support from groups including the U.S. Chamber of Commerce and the National Association of Manufacturers.

The Justice Department revoked the immunity agreement in 2004, saying Stolt-Nielsen misled prosecutors about the duration of its involvement in the alleged conspiracy.

The case is Stolt-Nielsen v. United States, 06-97.