Florida Judge Dismisses Newsmax Antitrust Suit Against Fox News on Procedural Grounds
A federal judge in Florida swiftly dismissed Newsmax’s antitrust lawsuit against Fox News, just days after its filing. The procedural ruling labels the complaint a “shotgun pleading,” but leaves the door open for Newsmax to refile and pursue its claims of market monopoly.
This quick dismissal highlights ongoing tensions in conservative media, where smaller players like Newsmax challenge Fox’s dominance in right-leaning cable news.
The Lawsuit: Newsmax Accuses Fox of Monopolistic Tactics
Newsmax filed the 31-page complaint on September 3, 2025, in the U.S. District Court for the Southern District of Florida. It alleged Fox News and parent company Fox Corp. violated the Sherman Antitrust Act, Florida Antitrust Act, and Florida Deceptive and Unfair Trade Practices Act.
The suit claimed Fox maintains an illegal monopoly in the “right-leaning pay TV news market” through exclusionary contracts with distributors. Newsmax accused Fox of three key tactics: coercing carriers to exclude rivals like Newsmax or OAN, imposing penalties for adding competitors (such as high fees for less-viewed channels like Fox Business), and inserting barriers into carriage agreements to stifle competition.
Newsmax sought an injunction to halt these practices and triple damages for lost revenue, arguing Fox’s actions suppressed its growth and harmed consumers by limiting choices.
Judge Cannon’s Ruling: A ‘Shotgun Pleading’ Dismissal
U.S. District Judge Aileen Cannon dismissed the case on September 5, 2025, calling it an “impermissible ‘shotgun pleading.'” In the 11th Circuit, which includes Florida, such pleadings incorporate all prior allegations into later counts, making it hard for courts to assess claims independently.
Cannon noted the first count stood alone, but counts two through five violated this rule by rehashing everything preceding them. She emphasized the court’s duty to dismiss and require repleading to ensure clarity.
The Trump-appointed judge, known for dismissing the 2024 classified documents case against former President Trump, gave Newsmax until September 11, 2025, to file an amended complaint. Failure to comply could end the case permanently.
Background: Rivalry in Conservative Media
Newsmax, a Boca Raton-based network launched in 2014, surged in popularity after the 2020 election amid election fraud claims but faced carriage disputes with distributors. It recently went public and settled a $67 million defamation suit with Dominion Voting Systems.
Fox News dominates with millions of viewers, far outpacing Newsmax’s 141,000 average. The lawsuit echoes past tensions, including Newsmax’s brief 2020 boost when distributors dropped Fox during fee fights.
Expert Views and Public Reactions
Legal experts see the dismissal as procedural, not substantive. “This reveals little about the antitrust claims’ viability; success hinges on defining polarized media markets,” said one analyst. Antitrust attorney Maria Gonzalez noted courts rarely succeed in media monopoly cases due to First Amendment protections.
Newsmax CEO Christopher Ruddy called it a “technical issue” and confirmed refiling. A spokesperson added, “We understand this is just a technical matter.”
Fox News dismissed the suit outright: “Newsmax cannot sue their way out of their own competitive failures to chase headlines simply because they can’t attract viewers.”
On social media, conservatives split: Some mocked Newsmax’s “desperate” move, while others decried Fox’s “bullying.” X posts trended with hashtags like #FoxMonopoly, amplifying debates on media diversity.
Impacts on U.S. Media Landscape, Politics, and Viewers
This clash affects American viewers by spotlighting limited options in conservative news, potentially driving up cable bills as distributors navigate penalties. If refiled successfully, it could reshape carriage deals, benefiting smaller networks and fostering competition.
Politically, it fuels GOP infighting, with Trump allies eyeing alternatives to Fox amid past rifts. Economically, a win for Newsmax might boost ad revenue for challengers, but failure reinforces Fox’s grip on the $10 billion cable news market.
For everyday U.S. consumers, it underscores antitrust scrutiny in tech and media, echoing Big Tech cases. Sports and entertainment tie in too—Fox’s sports empire (NFL, MLB) bolsters its leverage, indirectly affecting broadcast rights and viewer costs.
Conclusion: Procedural Hurdle, Not the End of the Fight
Judge Cannon’s dismissal of Newsmax’s antitrust suit against Fox News on procedural grounds marks a temporary setback in a high-stakes media rivalry. With an amended filing deadline looming, the core allegations of monopoly and exclusion remain alive.
Looking ahead, experts predict a refiled case could test antitrust boundaries in fragmented media. For U.S. audiences, this saga promises more drama—and possibly more choices—in conservative news programming.