Timeline
- September 3, 2025: Newsmax files initial antitrust lawsuit against Fox News Network LLC and Fox Corp. in Southern District of Florida
- September 5, 2025: Judge Cannon dismisses case as “impermissible shotgun pleading”
- September 11, 2025: Court-imposed deadline for amended complaint expires
- September 11, 2025: Newsmax voluntarily dismisses Florida case and refiles in Western District of Wisconsin
The new Wisconsin filing maintains Newsmax’s core allegations that Fox systematically blocks competitors from cable and satellite distribution networks through anticompetitive bundling practices and exclusionary contracts.
According to the complaint filed in Wisconsin federal court (case number 3:25-cv-00770), Newsmax alleges Fox employs several tactics to maintain its dominant market position:
Explicit “No-Carry” Provisions: Fox allegedly requires distributors to agree not to carry non-Fox right-leaning news channels as part of their licensing agreements.
Financial Penalty Structure: When distributors do carry Newsmax, Fox reportedly forces them to also carry and pay premium fees for less popular Fox channels like Fox Business Network, effectively making Newsmax carriage financially prohibitive.
Contractual Barriers: The lawsuit describes “a suite of other contractual barriers” designed to prevent competitors from gaining market access.
Newsmax claims these practices violate the Sherman Antitrust Act and have cost the network nearly a decade of potential growth. “But for Fox’s anticompetitive behavior, Newsmax would have achieved greater pay TV distribution, seen its audience and ratings grow sooner, gained earlier ‘critical mass’ for major advertisers and become, overall, a more valuable media property,” the company stated in court documents.
Shotgun Pleading Doctrine: Judge Cannon’s dismissal centered on a fundamental procedural flaw. Federal Rule of Civil Procedure 8(a) requires complaints to contain “a short and plain statement of the claim.” Shotgun pleadings violate this rule by incorporating all preceding allegations into successive counts, making it impossible for defendants to respond to specific claims.
“The second, third, fourth, and fifth counts in the complaint, however, incorporate all preceding allegations, thus rendering the complaint an impermissible ‘shotgun pleading,'” Judge Cannon wrote in her September 5 order. She specifically required that any amended complaint avoid successive counts incorporating all prior allegations and ensure each count identifies particular legal bases with supporting factual allegations.
Antitrust Standards: Newsmax’s claims under the Sherman Antitrust Act must demonstrate Fox’s conduct unreasonably restrains trade in the relevant market. The company will need to prove market power, anticompetitive conduct, and resulting consumer harm — typically shown through higher prices, reduced output, or diminished choice.
Venue Shopping Strategy: By moving to Wisconsin, Newsmax argues it has stronger jurisdictional grounds, claiming its content broadcasts in the state through national and local carriage agreements, and that Fox maintains continuous business operations through license agreements and local station affiliations.
