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# Newsmax lawsuit against Fox News dismissed
- URL: https://capitolcommunicator.com/newsmax-files-antitrust-lawsuit-against-fox-news-claiming-an-exclusionary-scheme-to-suppress-competition/
- Published: 2025-09-03T21:00:19.000Z
- Updated: 2025-09-08T19:37:03.000Z
- Author: Capitol Communicator
- Tags: Media, #Import 2026-10-08 18:55

**Newsmax filed an antitrust lawsuit against Fox News, claiming the news outlet has maintained its dominance among right-leaning cable, satellite and streaming networks via an “exclusionary scheme” to suppress competition, reports** [**Deadline**](https://deadline.com/2025/09/newsmax-fox-news-lawsuit-1236505394/?ref=capitolcommunicator.com#recipient%5Fhashed=2ec9ce834f7dfcbd8366c088aae71c4495ea058de393aaa911e79a0a64eaa988&recipient%5Fsalt=1647efd76c5fdce2b562fb95bdf916387b7d2ea6936a1d5940c4336463521675&utm%5Fmedium=email&utm%5Fsource=exacttarget&utm%5Fcampaign=Deadline%5FBreakingNews&utm%5Fcontent=630937%5F09-03-2025&utm%5Fterm=3234612?utm%5Fmedium=email&utm%5Fsource=exacttarget&utm%5Fcampaign=1756916853-Breaking+News+Alert&utm%5Fcontent=630937%5F9-3-2025&utm%5Fid=630937)**.** The case was dismissed, although the judge gave Newsmax until Thursday, September 11, to file an amended version.

According to Deadline: “Newsmax claimed that Fox “employs at least three anticompetitive means to exclude competing providers of right-leaning video content from the market.” They include “explicit or tacit” “no carry” provisions on distributors that condition access on concessions not to carry other right-leaning news channels like Newsmax.

“The lawsuit also claimed that Fox imposes penalties on distributors if they carry other right-leaning news channels on their basic tiers, by requiring them to carry and pay high fees for lesser watched channels like Fox Business and Fox Sports 2.

“Newsmax also claimed that Fox “inserts a suite of other contractual barriers into its carriage agreements intended to prevent Newsmax and others from competing,” characterizing Fox as having an “unlawful monopolization” of the right-leaning pay-TV news market.

“The lawsuit claimed that Fox’s “anticompetitive behavior” 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.””

A Fox News spokesperson said, “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.”

And, as noted, the case was dismissed.