Fox News Seeks Dismissal of Newsmax Antitrust Case in Florida

In its motion to dismiss, Fox sharply criticized Newsmax’s allegations, stating: “Newsmax is plainly unhappy that the news channel it launched in 2014 to offer ‘right-leaning news’ is not attracting more viewers.” Fox continued, “But Newsmax’s complaints about how it should be doing better do not show any injury to competition, and the antitrust laws do not give Newsmax an avenue to blame Fox News for its frustrations with its own performance.”

Newsmax initially filed its lawsuit in Florida in September, accusing Fox Corporation and Fox News Network of using contractual “no-carry” provisions and financial penalties to discourage television distributors from carrying Newsmax. The network claimed those practices prevented it from securing distribution on streaming platforms including Fubo, Sling TV and Hulu, limiting its audience reach and advertising opportunities, according to Courthouse News.

The original complaint was dismissed by U.S. District Judge Aileen Cannon, who characterized it as a “shotgun pleading.” Rather than amend its filing, Newsmax chose to refile the case in Wisconsin federal court, asserting similar claims under the federal Sherman Act while also alleging violations of Wisconsin antitrust law.

That strategy drew criticism from U.S. District Judge William Conley, who earlier this month transferred the case back to Florida. In his order, Conley wrote: “Because plaintiff has failed to provide any explanation why this case should be tried in Wisconsin or why it dismissed the Florida action to refile here after receiving an adverse order, the court is left with the conclusion that plaintiff engaged in forum (or at least judge) shopping,” per Courthouse News.

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In its latest filing, Fox maintained that Newsmax’s allegations remain legally deficient, arguing that the company failed to identify any distributor that carries Fox News but excludes Newsmax.

“Even if Newsmax had identified distributors that refused to carry Newsmax (which it has not), being foreclosed from a particular distribution channel is not equivalent to being foreclosed from competition in the relevant market,” Fox wrote.

Fox also challenged Newsmax’s attempt to define a competitive market consisting only of conservative news outlets such as Fox News, Newsmax and One America News Network.

“The suggestion that channels like Fox News and Newsmax somehow compete in a self-contained ‘right-leaning news’ market bubble — immune from competition from other cable news channels like CNN and all of internet news — is implausible on its face,” Fox wrote. The company further argued that such a market definition could raise constitutional concerns, adding: “Defining a market based on whether speech is sufficiently ‘right-leaning’ would be a wholly unprecedented and impossibly nebulous task.”

Fox also argued that Newsmax has not shown clear economic damages tied directly to its allegations, contending the network instead relies on projections of lost advertising revenue, according to Courthouse News.

Fox News has remained the dominant force in cable television news for years, while Newsmax has steadily expanded its audience since launching its cable channel in 2014. Based in Boca Raton, Florida, Newsmax reported reaching 26 million quarterly viewers in 2025.

Newsmax is represented by antitrust law firms Kellogg, Hansen, Todd, Figel and Frederick, along with Sperling Kenny Nachwalter. Fox Corporation is represented by Continental, based in Tallahassee, Florida, and Washington-based Torridon Law.

Source: Courthouse News