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

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Performers' Partners Support Group

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature for Livestreaming

SexLikeReal has introduced an AI Passthrough during VR livestreaming.

Show More