Newsmax Launches Sweeping Antitrust Lawsuit Against Fox News
NEW YORK – Conservative news network Newsmax has initiated a significant antitrust lawsuit against its larger rival, Fox News. The suit accuses Fox of employing a range of anti-competitive practices designed to stifle competition and maintain its dominant market position in the conservative news landscape.
Allegations of Intimidation and Exclusion
Filed on Wednesday in U.S. District Court in south Florida, Newsmax’s lawsuit alleges that Fox has engaged in various illicit tactics. These include intimidation, exclusionary business practices, and even covert investigations into Newsmax executives. Newsmax, which began broadcasting in 2014, claims that Fox News has actively sought to block television distributors from carrying its content or to minimize its exposure on various platforms.
The lawsuit further asserts that Fox pressured guests not to appear on Newsmax and, disturbingly, hired private detectives to investigate Newsmax executives. Additionally, the complaint states that Fox utilized an agency to create social media accounts specifically to attack Newsmax CEO Chris Ruddy. When Newsmax confronted Fox about these alleged anti-competitive behaviors, the lawsuit claims Fox News responded with a dismissive, “welcome to the big leagues.” Newsmax is seeking a jury trial.
Fox News Dismisses Claims
In a swift response, Fox News dismissed the allegations, stating, “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.”
Market Dominance and “Must-Have” Status
The lawsuit emerges against a backdrop of Fox News’s established market leadership. Its opinion programming, particularly in prime time, has consistently outperformed major broadcast networks like ABC, CBS, and NBC during summer months. Newsmax contends that Fox leverages this success and its “must-have” status to charge distributors “outsized” fees. These fees, Newsmax alleges, are then used to force distributors either to outright reject carrying rival conservative channels or to make them difficult for viewers to find.
Targeting Streaming Platforms
Beyond traditional cable, Newsmax’s complaint specifically targets Fox’s alleged efforts to deliberately block its growth on streaming platforms such as Hulu, Sling, and Fubo. Michael J. Guzman, Newsmax’s lawyer, stated, “Fox’s behavior represents a 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.”
Internal Concerns Post-2020 Election
The legal challenge also brings to light internal concerns within Fox News following the 2020 presidential election. Court papers from previous lawsuits revealed that Fox executives grew considerably worried that Newsmax would capitalize on viewer dissatisfaction after President Donald Trump’s election loss, potentially siphoning off their audience. Newsmax CEO Chris Ruddy emphasized this point, remarking, “Fox may have profited from exclusionary tactics and intimidation tactics for years, but those days are over.”
This lawsuit marks a significant escalation in the competitive landscape of conservative news media, pitting two prominent networks against each other in a high-stakes legal battle over market control and viewer access.
