Court Dismisses Paycom Antitrust Suit Against Mastercard

NEW YORK — Justices on the 2nd Circuit Court of Appeals denied transaction processor Paycom Billing Services bid to overturn a lower court order dismissing its antitrust claims against credit card giant Mastercard.

In 2003, Paycom sued Mastercard, accusing the company of violating antitrust law by levying penalties for chargebacks against merchants who accept credit card charges in transactions where the physical card is not present.

The original suit also claimed that Mastercard violated antitrust law by conspiring with member banks to pass on fees to payment processing companies such as Paycom. A third component of the suit alleged that Mastercard created rules limiting the participation of foreign banks in Mastercard’s payment business.

In 2005, U.S. District Judge David Trager dismissed the case against Mastercard, saying that the credit card company’s practices did not violate antitrust laws.

The 2nd Circuit Court of Appeals upheld Trager’s decision, ruling that Paycom lacked standing to pursue an antitrust claim against Mastercard and failed to sufficiently allege “concerted action” on the part of member banks.

While the court conceded that Paycom could have shown antitrust injury as a result of Mastercard’s alleged violations, it said the payment processor was not the best enforcer of the antitrust claims.

Paycom Communications Director Rand Pate told XBIZ the company will not pursue further legal action.

“We are pleased that the case has finished,” Pate said. “The lawsuit was brought by prior management that is no longer with the company, and we have no desire to be embroiled in litigation with a card association. We had already begun talks with Mastercard to dismiss the appeal when the court announced its decision, and had communicated to Mastercard that if we won the appeal we would not pursue the case further.”

Pate added that the payment processor is committed to working with Mastercard and other credit card companies in the future.

To read the opinion, click here.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Show More