- Antitrust Standing: Challenge whether Newsmax has suffered actual antitrust injury versus normal competitive harm
- Market Definition: Question whether the “right-leaning pay TV news market” constitutes a proper relevant market
- Causation: Demand specific proof linking Fox’s conduct to Newsmax’s business struggles rather than general market conditions
- Legal vs. Illegal Conduct: Argue that Fox’s distribution agreements represent normal business practices
Based on Judge Grey’s analysis in Vitamin Energy and established Sixth Circuit precedent, a motion to dismiss appears likely to succeed on several grounds:
- Antitrust Standing: Courts will scrutinize whether Newsmax has pleaded injury to competition rather than merely injury to a competitor
- Causation: Newsmax must better establish that Fox’s specific conduct, rather than normal competitive disadvantages, caused its business struggles
- Market Definition: The narrow “right-leaning pay TV news” market definition may not survive scrutiny given broader media consumption patterns
However, unlike Vitamin Energy, Newsmax’s case involves a more established competitor with documented market presence and has slightly more specific allegations of exclusionary agreements which could survive a motion to dismiss.
