The result, the complaint asserts,
is that Fox has deliberately blocked Newsmax’s growth in critical distri- bution platforms such as Hulu, Sling, Fubo, and other major platforms. Internal Fox communications
cited in the complaint reveal that senior executives and talent saw Newsmax as a competitive threat fol- lowing the 2020 election. Texts, emails, and memoranda
show Fox leaders acknowledging that Newsmax’s growing audience could “drastically change the land- scape” of cable news, including: Then-Fox host Tucker Carlson
warned that “an alternative like Newsmax could be devastating to us.” Fox News President Jay Wallace
told CEO Suzanne Scott that Fox was on “war footing” over Newsmax’s rise. Fox Chairman Rupert Murdoch instructed Fox News CEO Suzanne
“Fox may have profited from exclusionary contracts and intimidation tactics for years, but those
days are over.” — Christopher Ruddy, Newsmax CEO
Scott that Newsmax “should be watched” as a result of press stories about the network. Other executives tracked News-
max’s bookings and content, openly strategizing about ways to contain the new competitor. Harm to Competition and Con-
sumers: The lawsuit alleges that Fox’s exclusionary conduct has had far-reaching consequence: Higher Prices: By blocking com- petition, Fox has extracted supra- competitive carriage fees — charg- ing distributors nearly $2.20 per subscriber per month, double CNN’s fees and six times MSNBC’s. These inflated costs have been or likely will be passed on to consumers. Reduced Consumer Choice: Mil-
lions of right-leaning viewers who want an alternative have been denied access to Newsmax on afford- able basic packages, leaving Fox as the only viable option.
Delayed Growth of Newsmax:
Fox’s practices have prevented Newsmax from reaching critical mass with distributors, advertisers, and audiences, costing the company hundreds of millions in lost carriage fees and advertising revenue. “Fox has sought to protect and
expand its monopoly power in the right-leaning pay TV news market by engaging in a suite of anticom- petitive behaviors,” the complaint states, adding Fox’s unlawful and exclusionary conduct “has harmed not just Newsmax and other com- petitors,” but also “consumers and competition itself.” Newsmax is represented by Kel-
RUDDY
logg, Hansen, Todd, Figel & Fred- erick, P.L.L.C., and Sperling Kenny Nachwalter, LLC, two of the nation’s premier antitrust litigation firms. Both firms have extensive experi-
ence taking on monopolistic conduct and have successfully litigated com- plex cases involving dominant play- ers in telecommunication media, pharmaceuticals, and technology. “Fox’s behavior represents a text-
book abuse of monopoly power,” said Michael J. Guzman, lead counsel for Newsmax at Kellogg Hansen. “The law is clear: Competition, not coer- cion, should decide what news chan- nels Americans can watch. By lever- aging its must-have status, Fox has blocked new voices, suppressed con- sumer choice, and extracted excess profits.” “Fox may have profited from exclusionary contracts and intimi- dation tactics for years, but those days are over,” Christopher Ruddy, Newsmax CEO, said. “This lawsuit is about restoring
fairness to the market and ensur- ing that Americans have real choice in the news they watch. If we pre- vail, Fox’s damages could be tripled under federal law — an outcome that would send a powerful message to any company that thinks it can monopolize public discourse.” The complaint underscores that
Fox’s conduct harms not just News- max, but the competitive process itself. By keeping rivals off affordable distribution packages, Fox has denied millions of Americans the diversity of viewpoints that a healthy marketplace of ideas requires. “American democracy depends
on a vibrant and competitive media landscape,” Ruddy added. “Fox has acted as a gatekeeper,
silencing emerging voices and over- charging consumers. Our lawsuit seeks not only justice for Newsmax, but also to protect the rights of viewers who deserve choice and fair pricing.” Newsmax is asking the federal
court to: Declare Fox’s conduct unlawful
under federal and state antitrust laws. Award monetary damages as per-
mitted by law. Enjoin Fox from continuing exclu- sionary contracts and monopolistic practices. Order equitable relief to restore competition in right-leaning pay TV news.
OCTOBER 2025 | NEWSMAX 37
RUDDY/LEV RADIN/PACIFIC PRESS/LIGHTROCKET VIA GETTY IMAGES
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