Newsmax Broadcasting has filed a lawsuit against Fox Corporation and Fox News Network, alleging that it has blocked competition through “unlawful monopolization.” The company seeks damages under Sections 1 and 2 of the Sherman Act, the Florida Antitrust Act, and the Florida Deceptive & Unfair Trade Practices Act.
“Newsmax would have achieved greater pay TV distribution, seen its audience and ratings grow sooner, gained earlier ‘critical mass’ for major advertisers and become, overall, a more valuable media property,” the lawsuit states. “Fox’s campaign to stunt Newsmax’s business has delayed, for almost a decade, Newsmax’s growth in pay TV distribution, especially in the critical virtual Multichannel Video Programming Distributor (‘vMVPD’) arena, and has resulted in significant damages to Newsmax, including in the form of lost business, missed advertising and marketing revenues, and lower cable license fees, all while increasing overall company costs. Newsmax is far from the only victim.”
“Fox has sought to protect and expand its monopoly power in the Right-leaning Pay TV News Market by engaging in a suite of anticompetitive behaviors,” the filing reads. “In particular, Fox uses the leverage created by its control of ‘must have’ conservative news content on Fox News to coerce distributors into unfair terms that either prevent those distributors from carrying competitors of Fox News, including Newsmax, or impose financial penalties on them for doing so, ultimately increasing prices for consumers.”
“In or about June 2025, during renewal negotiations with vMVPD Fubo, Newsmax was informed that Fubo’s new Sports/Entertainment Package, which Fubo plans to heavily market, would not include Newsmax. On information and belief, Fox used its leverage to (i) secure inclusion of Fox News and Fox Business in that Sports/Entertainment Package, and (ii) impose terms that deter Fubo from adding additional news channels, including Newsmax, without incurring penalties,” the lawsuit adds, explaining that similar actions occurred with Sling TV and Hulu+.
Newsmax’s lead counsel in the case, Michael Guzman, said Fox’s behavior is “textbook abuse of monopoly power.”
“The law is clear: competition, not coercion, should decide what news channels Americans can watch. By leveraging its must-have status, Fox has blocked new voices, suppressed consumer choice, and extracted excess profits,” Guzman noted.
CEO of Newsmax, Christopher Ruddy, explained that “Fox may have profited from exclusionary contracts and intimidation tactics for years, but those days are over.” He explained that the lawsuit “is about restoring fairness to the market and ensuring that Americans have real choice in the news they watch. If we prevail, Fox’s damages could be tripled under federal law – an outcome that would send a powerful message to any company that thinks it can monopolize public discourse.”
