Newsmax’s Antitrust Lawsuit Against Fox News: A Right-Wing Media Showdown
A Clash of Conservative Titans
On September 3, 2025, Newsmax, a rising star in conservative media, filed a federal antitrust lawsuit against Fox News and its parent company, Fox Corporation, in the U.S. District Court for the Southern District of Florida. The suit accuses Fox of wielding its dominance in the right-leaning pay-TV news market to suppress competition through “exclusionary schemes,” marking a dramatic escalation in their long-standing rivalry.
Details of the Lawsuit
Allegations of Anticompetitive Tactics
Newsmax claims Fox News, a “must-have” channel for cable providers, uses its market power to impose unfair restrictions on distributors. The lawsuit outlines three main tactics:
- “No-Carry” Provisions: Fox allegedly conditions access to its content on agreements that distributors avoid carrying competing right-leaning channels like Newsmax or marginalize their exposure.
- Financial Penalties: Distributors who carry Newsmax on basic tiers face additional fees for low-demand Fox channels like Fox Business or Fox Sports 2, costing tens of millions.
- Intimidation and Smear Campaigns: Newsmax alleges Fox pressured guests not to appear on its network, hired private detectives to investigate Newsmax executives, and used social media accounts to attack CEO Christopher Ruddy.
The suit, led by prominent antitrust litigators at Kellogg, Hansen, Todd, Figel & Frederick, seeks damages under the Sherman Act, Florida Antitrust Act, and Florida Deceptive & Unfair Trade Practices Act, with potential treble damages if Newsmax prevails. It also requests an injunction to stop Fox’s alleged exclusionary practices.
Market Definition
A key issue is the relevant market. Newsmax argues that right-leaning pay-TV news is a distinct market, as conservative viewers rarely switch to CNN or MSNBC. Fox, however, claims it competes broadly across all cable news, where it dominates with prime-time viewership surpassing ABC, CBS, and NBC since Memorial Day 2025.
Background and Context
A Rivalry Fueled by 2020
The feud intensified after the 2020 election when Fox News’ early call of Arizona for Joe Biden angered Trump supporters, causing a viewership dip. Newsmax capitalized, gaining 8 million unique cable viewers in Q1 2025 who didn’t watch Fox, with its prime-time audience up 20% year-over-year. Internal Fox communications, revealed in Dominion Voting Systems’ 2023 defamation lawsuit, showed executives like Rupert Murdoch and Raj Shah fretting over Newsmax’s rise, with Tucker Carlson warning it could be “devastating.”
Legal Precedents
Both networks have faced legal scrutiny. Fox settled with Dominion for $787.5 million in 2023 and Newsmax for $67 million in August 2025 over false 2020 election claims. Newsmax now leverages these lawsuits’ discovery, citing Fox’s internal focus on crushing smaller conservative rivals like itself and One America News Network.
Fox News’ Response
Fox News dismissed the lawsuit, 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.” A Newsmax spokesperson countered, “If Newsmax was such a ratings failure, why has Fox spent so much time, energy, and resources to suppress us?”
Impact on U.S. Viewers and Media Landscape
Consumer Choice at Stake
Newsmax argues Fox’s tactics limit viewer access to diverse conservative perspectives, raising costs for cable providers and, ultimately, subscribers. By allegedly blocking Newsmax from platforms like Hulu, Sling, and Fubo, Fox restricts competition in a market where it charges $2.20 per subscriber monthly, double CNN’s fees.
Political Implications
The lawsuit pits two conservative media giants vying for influence in Trump’s orbit. Newsmax CEO Christopher Ruddy, a Mar-a-Lago member and Trump ally, positions his network as more loyal to the former president, while Fox has oscillated between support and criticism of Trump. The outcome could reshape the conservative media ecosystem, especially as Trump’s influence grows post-2024 election.
Economic and Industry Effects
A Newsmax victory could weaken Fox’s grip, potentially lowering cable fees and boosting smaller networks. However, legal experts like Bill Baer, former Justice Department antitrust head, call the case “pretty weak,” citing challenges in proving a distinct right-leaning news market. A loss could embolden Fox’s dominance, further sidelining competitors.
Public and Expert Reactions
On X, sentiment is polarized. Some users cheer Newsmax’s challenge, seeing it as a stand against Fox’s “monopoly,” while others mock it as a desperate bid for relevance. Legal analysts note the case’s reliance on Dominion’s evidence but question its strength without concrete proof of explicit “no-carry” agreements.
Outlook: A Long Legal Battle
The lawsuit faces hurdles, as Fox’s market dominance and broader competitive framing may weaken Newsmax’s claims. If the case proceeds to a jury trial, discovery could reveal more about Fox’s contracts, but a settlement or dismissal is equally likely given antitrust law’s complexity. The dispute underscores deeper tensions in conservative media, where loyalty to political figures like Trump drives competition as much as market share.
This high-stakes brawl will shape how Americans access right-leaning news. For now, Newsmax’s fight is a bold challenge to Fox’s throne, with the courts set to decide if competition, not coercion, will rule the airwaves.