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 © 2025 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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More