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

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed thousands of instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Show More