Lead: On September 3, 2025, Newsmax filed an antitrust lawsuit in federal court in Miami, accusing Fox News and its parent, Fox Corporation, of using exclusionary carriage deals and contractual barriers to suppress competition in the U.S. right-leaning pay-TV news market.
Key Takeaways
- Newsmax sued Fox and Fox Corp. in Miami federal court on Sept. 3, 2025, alleging anticompetitive conduct.
- The complaint accuses Fox of ‘no-carry’ terms, tying arrangements, and contractual barriers that disadvantage rival right-leaning channels.
- Newsmax cites internal Fox communications that singled out Newsmax and OAN as competitive threats after the 2020 election.
- Fox has denied the claim, calling Newsmax’s case a response to marketplace setbacks.
- The filing references Fox’s market power as the top-rated cable news channel and its leverage with distributors.
- Background legal context includes Fox’s $787.5 million Dominion settlement in 2023 and ongoing litigation with Smartmatic.
Verified Facts
The lawsuit was filed by Newsmax Broadcasting on September 3, 2025, in a federal court in Miami. It alleges that Fox Corp. used its dominant position in right-leaning pay-TV news to limit distribution and growth of smaller conservative networks, including Newsmax.
Newsmax’s filing identifies three main types of alleged anticompetitive conduct: explicit or tacit ‘no-carry’ provisions that keep rivals off distributor lineups; tying requirements that force carriage of Fox Business or sister channels as a condition of carrying Fox News; and other contractual obstacles that Newsmax says prevent effective competition.
The complaint references internal Fox communications. For example, it reports that owner Rupert Murdoch told the network’s CEO that Newsmax should be watched, and it quotes executives expressing concern that Newsmax could erode Fox viewing by 5 to 10 percent and alter the competitive landscape.
The filing also notes industry context: Fox News routinely ranks as the nation’s most-watched cable channel in prime time and is a key asset for cable and streaming distributors seeking subscribers. Newsmax points to this leverage as a mechanism Fox could use to influence which channels distributors carry or promote.
Context & Impact
Antitrust claims against a major media outlet center on distribution control and contractual leverage. If proven, the practices Newsmax alleges could have kept alternative conservative voices off key cable lineups or reduced their visibility on digital platforms.
Legal outcomes could include damages, injunctive relief to change how distributors negotiate carriage, or greater regulatory scrutiny of carriage contracts across pay-TV and streaming services. Antitrust litigation often takes years and relies on detailed discovery into contracts and distributor behavior.
For viewers and advertisers, the case could reshape the right-leaning news market by affecting where audiences find content and how distributors price bundles. For distributors, a finding of anti-competitive tying or exclusion could require renegotiation of must-have channel agreements and alter channel bundling economics.
Official Statements
Fox News Media said Newsmax is attempting to ‘sue their way out of competitive failures’ and that the network rejects the lawsuit’s allegations.
Fox News Media statement
Newsmax framed the filing as a challenge to what it calls exclusionary schemes that harm competition and viewers.
Newsmax court filing
Unconfirmed
- The precise market share losses Newsmax attributes to Fox are based on internal notes and are not independently quantified in the complaint.
- How many distributors adopted the alleged contractual clauses and the exact language of those deals will be established only through discovery.
- The ultimate effect on subscriber behavior and advertising revenue attributed solely to these contracts remains to be proven in court.
Bottom Line
Newsmax’s lawsuit frames long-running distribution arrangements and internal Fox discussions as an exclusionary strategy to protect market dominance in conservative pay-TV news. The case raises questions about how major channels may use carriage leverage to shape competition; resolution will depend on document discovery and legal tests for tying, coercion, and market definition.