Newsmax has declared war on Fox News, filing a sweeping federal antitrust lawsuit in the Southern District of Florida. The suit, announced on September 3, 2025, accuses Fox Corporation and Fox News Network of using illegal tactics to suppress competition in the conservative television news market. Backed by powerhouse antitrust law firms Kellogg Hansen and Sperling Kenny Nachwalter, Newsmax says this case could reshape the balance of power in right-leaning media.
At the heart of the lawsuit is a claim that Fox has abused its dominance for years, coercing pay-TV distributors into unfair carriage deals that exclude or marginalize competitors. Newsmax alleges that Fox has been determined to choke off its growth since the network’s post-2020 election surge. Internal Fox communications cited in the complaint show executives on “war footing” over Newsmax’s rise, with Rupert Murdoch instructing his team that Newsmax “should be watched.”
The lawsuit seeks damages under the Sherman Act and Florida antitrust laws, and because federal statutes allow for damages to be tripled, Fox could face staggering financial penalties if Newsmax prevails.
Alleged illegal actions by Fox
According to Newsmax’s complaint, Fox’s tactics include a wide array of exclusionary practices:
- No-Carry provisions: Forcing distributors to agree not to carry or to restrict Newsmax in exchange for access to Fox News.
- Financial penalties: Making distributors carry low-demand Fox channels like Fox Business or Fox Sports 2 alongside Fox News, inflating costs by millions.
- Confidential drag-down clauses: Penalizing distributors who place Newsmax in basic packages by requiring equal promotion of Fox’s weaker offerings.
- Intimidation campaigns: Pressuring guests not to appear on Newsmax, launching online smear campaigns, and even hiring private investigators to target executives.
Newsmax claims these actions blocked it from reaching platforms such as Hulu, Sling, and Fubo, and cost the company hundreds of millions in lost fees and advertising.
Ruddy Speaks
Christopher Ruddy, Newsmax’s CEO, said, “Fox may have profited from exclusionary contracts and intimidation tactics for years, but those days are over. This lawsuit is about restoring fairness to the market and ensuring that Americans have real choice in the news they watch.” Ruddy emphasized that Fox’s actions have harmed not only Newsmax but also “consumers and competition itself.” He added that a win in court would “send a powerful message to any company that thinks it can monopolize public discourse.”
Newsmax lawyer Michael J. Guzman echoed this view, calling Fox’s conduct “a textbook abuse of monopoly power.” He argued that competition, not coercion, should decide what channels Americans can watch.
Fox’s response
Fox has rejected the accusations outright. In a statement, Fox News Media 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.” The network insists that its success comes from delivering what audiences want, not from undermining rivals.
Fox News is the giant of cable television, with primetime shows that routinely top all cable and even rival broadcast networks. Its market value stands at nearly $26 billion. Distributors see Fox News as a “must-have” channel, which gives the company enormous leverage in negotiations.
By comparison, Newsmax is far smaller, with a market value of about $1.8 billion. Yet it has carved out a loyal audience, reporting 26 million quarterly viewers and significant growth in recent years. It has also become a home for high-profile conservative figures, some of them former Fox personalities. Newsmax positions itself as a scrappy challenger fighting for space in a market where Fox has long dominated.
Both Fox and Newsmax court pro-Trump audiences, but the rivalry has intensified as they compete for influence and viewer loyalty. For Newsmax, the case is about more than business—it is a chance to prove that Fox has acted as a bully, using its size and power to silence rivals and limit consumer choice.
As Ruddy put it, “American democracy depends on a vibrant and competitive media landscape. Fox has acted as a gatekeeper, silencing emerging voices and overcharging consumers.” The outcome of this lawsuit could reshape the landscape of right-leaning television news, setting limits on how far a media giant can go to defend its throne.
